Labour law and employment contract- the appellant, employee of the respondent was suspended/or alleged misconduct with full pay and benefits. A separation settlement agreement was signed by the parties and registered with the Industrial Court in terms of clause 10 of the agreement. About three months after the effective date of ihe separation agreement and a few days after it was executed by the appellant appending his signature, and before payment of the settlement package, the employer sent a letter to the employee communicating purported revival of employment relationship. This was after and despite the employee's unequivocal rejection of such proposals made to him verbally.prior. The employer went ahead and made monthly payments to the employee which were equivalent to his erstwhile monthly salary. The issue for determination on appeal is twofold: firstly, whether the employee can rightly claim such payments separately as salary in addition to the agreed settlement amount? Or whether the amounts paid form part of the exit package that was due in terms of the settlement agreement? ..
Held: appellant's employment terminated on the effective date set by the parties in terms of the settlement agreement. · The purported unilateral revocation of the
settlement agreement and reinstatement of the appellant were of no legal consequence, therefore there could be no payment of appellants salary outside employment.
Held: The decision of the court a quo that appellant's case did not meet the requirements of rectification for settlement contract is upheld. Evidence - The respondent sought in a cross-appeal repayment by the appellant of amount it allegedly paid as tax on behalf of the appellant on the settlement package it paid to him. Held: The respondent's failure to prove to the court a quo payment
of such amount and how it was computed was fatal to its case on appeal as well.