An Employer’s Non-compliance With Maternity Leave Rights Costs It R800,000

Judge Rabkin-Naicker handed down a reproving judgment in the case between Melissa Brandt and Quoin Rock Wines (2023) 44 ILJ 309 (LC). The Labour Court considered whether Quoin Rock Wines (‘the Respondent’) had complied with its statutory obligations relating to maternity leave and whether the real reason for the Employee’s (“the Applicant”) dismissal was because of her pregnancy and not the Respondent’s operational requirements.

Can You Get Out of a Settlement Agreement Signed at the CCMA?

A settlement agreement is a written agreement signed between opposing parties which settles a dispute between those parties. Agreements of this type are regularly concluded at the Commission for Conciliation, Mediation and Arbitration (“the CCMA”) and that can be made an arbitration award. Once the agreement has been signed, what remedies does a party to the agreement have if they are unhappy with the agreement?