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Grievance Settlement Agreement

Grievance Settlement Agreement Template for South Africa

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Key Requirements PROMPT example:

Grievance Settlement Agreement

"I need a Grievance Settlement Agreement for resolving a workplace discrimination complaint from a senior software engineer, including a financial settlement of R250,000 and continued employment with a different department, effective March 15, 2025."

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Document background
The Grievance Settlement Agreement is a formal document used in South African workplace contexts when an employee's grievance has been successfully resolved through negotiation or mediation. This document is essential when parties wish to formalize the resolution of a workplace dispute and create legally binding obligations for all involved parties. It typically becomes necessary after a formal grievance procedure has been followed and a resolution has been reached, whether through internal procedures or external mediation (such as through the CCMA). The agreement must comply with South African labor law, including the Labour Relations Act 66 of 1995, and should clearly document the terms of settlement, any financial compensation, ongoing obligations, and confidentiality requirements. It serves as protection for both employer and employee by providing certainty and finality to the dispute resolution process.
Suggested Sections

1. Parties: Identification of the employer and employee involved in the grievance settlement

2. Background: Brief overview of the employment relationship and the nature of the grievance that led to this agreement

3. Definitions: Definition of key terms used throughout the agreement

4. Settlement Terms: Detailed description of how the grievance is being resolved, including any specific actions required by either party

5. Financial Settlement: Details of any monetary compensation, including payment terms and timing

6. Tax Implications: Statement regarding the tax treatment of any settlement amounts

7. Confidentiality: Terms regarding the confidentiality of the grievance and its resolution

8. Full and Final Settlement: Confirmation that this agreement represents a full and final settlement of the grievance

9. Non-Admission: Statement that the settlement does not constitute an admission of liability by either party

10. Governing Law: Confirmation that the agreement is governed by South African law

11. Signatures: Execution clause and signature blocks for all parties

Optional Sections

1. Return of Company Property: Include when the settlement involves the employee's departure and there is company property to be returned

2. Non-Disparagement: Include when parties agree not to make negative statements about each other

3. Future Employment: Include when the settlement affects future employment possibilities with the company

4. Reference: Include when the agreement includes terms about employment references

5. Continued Employment Terms: Include when the employee will continue working and the grievance resolution affects their employment terms

6. Legal Costs: Include when there are terms regarding the payment of legal costs

7. Breach Provisions: Include when specific consequences for breaching the agreement need to be outlined

Suggested Schedules

1. Schedule A - Original Grievance: Copy of the original grievance documentation

2. Schedule B - Settlement Payment Details: Detailed breakdown of any financial settlement including payment schedule

3. Schedule C - Employee Benefits Statement: Statement of any benefits affected by the settlement

4. Schedule D - Undertakings: Detailed list of specific undertakings by either party

5. Schedule E - Company Property List: Itemized list of company property to be returned, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Mining

Manufacturing

Retail

Technology

Healthcare

Education

Public Sector

Construction

Professional Services

Telecommunications

Agriculture

Transport and Logistics

Hospitality

Energy

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Senior Management

Operations

Industrial Relations

Administration

Corporate Governance

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Employment Relations Manager

HR Business Partner

Chief Human Resources Officer

Labor Relations Specialist

Compliance Officer

Employee Relations Manager

HR Administrator

Line Manager

Department Head

Managing Director

Chief Executive Officer

Operations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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