Affidavit section 142A of the LRA - pdf - Pdf

IN THE MATTER HELD BEFORE THE BARGAINING COUNCIL FOR THE TEAROOM, RESTAURANT AND CATERING TRADE, PRETORIA Case number 111/11 BETWEEN AAAA Applicant And Respondent AFFIDAVIT IN SUPPORT OF A SECTION 142 A* I, the undersigned do hereby make oath and say as follows: 1 BACKGROUND 1.1 I am the Applicant in this application as well as in the main application for an unfair dismissal to the Bargaining Council. 1.2 The settlement agreement annexed hereto and marked A, was entered into between myself and the Respondent on 19 February 2007. 1.3 The settlement agreement is in respect of a dispute that a party has the right to refer to arbitration or the Labour Court, excluding a dispute that has the right to arbitration in terms of section 74(4) or 75(5). Page 2 1.4 The dispute in respect of which the settlement agreement was concluded was referred to arbitration on 19 February 2007 under case number PC 1267/2007. 1.5 The parties have not agreed to the settlement agreement being made an arbitration award. 2 Reasons for application 2.1 In terms of the settlement agreement, Annexure A, the Respondent has to pay me an amount of R30 000.00 (THIRTY THOUSAND RAND) in 6 installments of R 5000.00 (FIVE THOUSAND RAND) each. 2.2 The first installment was due and payable on 28 February 2007. 2.3 The respondent failed to pay the first installment. 2.4 In terms of Annexure A, the full amount will be due and payable in the event of any default to pay. 2.5 Notwithstanding the fact that the full amount was claimed by my Attorney, see Annexure A attached hereto, the respondent has up to date of signature hereof not paid the outstanding amount. I therefore request that the settlement agreement be made an award of the Bargaining Council