I would like to know if i can rescind my...

Asked by Bruce on 23-07-2021 14:34:02
Question posted in the General Law category relating to Eastern Cape

I would like to know if i can rescind my settlement agreement? I was previously employed as Chief Admin Officer_PMS by a local municipality after two years i was appointed as Assistant Director-Budget & Reporting. I requested the employer to pay me my annual leave days on the post of Chief Admin Officer which were not taken on leave cycle. Days totaled to 86 days. The employer claim to utilize its policy which refuse to pay annual leave days and that they regard my appointed as continuation or promotional post not termination of employment.

I submitted my grievance to CCMA and we could not agree on conciliation and the matter was refered to arbitration. The commissioner came and i felt the manner in which he dealt with the matter she was pushing me to agree to the settlement of days to appear on the slary advice or pay slip. eventually in the end i agreed for settlement. now i feel that i should have requested representation by legal practitioner on the matter.

The matter was settled on the 15 July 2021 and i deeply feel that i brayed myself to agree on the matter that the employer has a policy that is not correctly done. meaning now am going to have 86 days from previous position plus 49 days for the current position. i want advice on the matter either to rescind the signed settlement agreement and persuade that the employer pay my days according to section 40 of BCEA.

I feel the commissioner was biased with my little observation. she tried to indicate to me that the employment was not terminated because is the same employer. i tried to explain to her that the position of Chief Admin Officer was terminated and what they say in the policy they failed to comply with, that leave days will be included in the pay slip as on my pay slip from November 2020, leave days were not included. she took almost an hour trying to persuade me. when she started with the process she asked me to present my case which i did, she asked questions and same question she asked the employer to ask me again or to interrogate me which made me to fell on the settlement. so i feel like she was biased.

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