CT International Financiers (Pty) Ltd v Van Rooyen and Others

The first respondent was employed by the applicant as its HR Manager and resigned in July 2017, leaving employment in August 2017. In March 2018 she referred a constructive dismissal dispute to the CCMA, approximately 150 days late, and applied for condonation. Before the CCMA ruled on condonation, the parties entered into a written settlement agreement at the CCMA, in terms of which the employer agreed to pay R200 000. The employer failed to pay. The employee then applied for the settlement agreement to be made an arbitration award under section 142A of the LRA, which was granted, and for the award to be certified under section 143. The employer sought to review and set aside the rulings, arguing that the CCMA lacked jurisdiction because condonation for the late referral had not been determined.

The review application was dismissed. The rulings making the settlement agreement an arbitration award and certifying it under sections 142A and 143 of the LRA were upheld. Costs were awarded against the employer.

This case confirms that the CCMA may make a settlement agreement an arbitration award under section 142A even where condonation for a late referral has not yet been determined. It reinforces a purposive interpretation of the LRA that promotes early and speedy settlement of labour disputes and strengthens the enforceability of settlement agreements concluded at the CCMA.