The court confirmed that an agreement can be struck down if it is established that the employee entered the same thing under duress, but the weight of the evidence of these constraints rests with the worker and the court has decided that the worker did not prove the same thing on the evidence before him. The employer and the worker may agree to enter into a reciprocal separation agreement to terminate the employment relationship. And the best thing is that a mutual separation agreement is not considered a dismissal under the Labour Relations Act and is, on the whole, an acceptable practice of the CCMA and the labour tribunal. The employee went to the labour tribunal and claimed that he was harassed to sign the agreement, and he signed it against his will and under duress, and that the terms of the agreement restricted his constitutional right to go to court and were therefore contrary to public order and not valid. When such an agreement is reached in the full and final of all the rights of a worker against an employer, the worker is bound by the agreement and therefore voluntarily renounces his right to renegotiate the terms of the transaction, the worker renounces his right to go to the CCMA and/or the labour tribunal and/or any other appropriate forum to request discharge. These clauses are generally watertight and, as such, provide employers with a sense of security. The fact that the separation is binding after the signature may be a disadvantage, particularly if the employee has not been assisted by a lawyer. This is because an employee will often settle for unfavourable conditions because he thinks it was the only option he had. It is important that the worker has sought the necessary support before entering into a mutual separation agreement and that he is fully aware of his rights. Unfortunately, after the signing of the agreement, it is too late for staff to renegotiate new billing conditions. A separation agreement, if properly developed and negotiated, can provide critical protection and benefits to both employers and outgoing workers. Companies can minimize the risk of litigation, protect themselves from the loss of customers or employees, and protect goodwill and reputation.
Outgoing workers, including workers and self-employed contractors, can benefit from payments and ongoing insurance that is useful for any period of unemployment and other intangible benefits such as monitoring the perception of departure. Existing agreements can take many forms, including: references, cooperation after employment, restitution of business ownership and rehiring policy may occur. The question then is whether a mutual separation agreement can be cancelled when a worker feels that he or she has been treated unfairly. The simple answer is no. Mutual separation agreements continue to engage the worker, regardless of the regrets he may feel when signing the contract.