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The South African Constitution guarantees employees the right to fair labour practices. The Labour Relations Act, 66 of 1995 (LRA) gives effect to this right in that it provides a right against unfair dismissal. Employee seeking to challenge the fairness of their dismissal may resort to the free statutory dispute resolution service provided by the employment tribunal.

Seen against this backdrop, may an employer and employee agree to compromise claims to the extent that the employee is barred from exercising his right to have the fairness of his dismissal determined by the employment tribunal? This and other interesting questions surfaced in the recent case of M and Reckitt-Benckiser (Pty) Ltd. The Labour Appeal Court (LAC) delivered its judgment on this issue on 3 February 2016.
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