Mutual Separation Agreements

The Labour Appeal Court’s February 2026 judgment in WBHO Construction v Masenye has reshaped how employers should approach mutual separation agreements, especially when operational requirements are being discussed.

The ruling confirms a critical principle:

A valid, voluntary mutual separation agreement means there is no dismissal — and the unfair dismissal regime does not apply.

This clarity is long overdue. Many employers still fear that mutual separations will later be reframed as retrenchments or unfair dismissals. This webinar will show you exactly how to protect your organisation, draft defensible agreements, and avoid costly disputes.

What You Will Learn

A practical, employer‑focused breakdown of the judgment and its implications, including:

• The LAC’s confirmation that voluntary mutual separation agreements preclude unfair dismissal claims
• Why contractual autonomy matters — and how to ensure agreements are truly consensual
• How to distinguish between operational requirement discussions and actual retrenchments
• When section 189 applies — and when it absolutely does not
• How to avoid allegations of coercion or misrepresentation
• Drafting essentials to ensure your agreements withstand scrutiny
• What arbitrators and courts will look for when assessing validity

This session gives you the clarity to use mutual separation agreements confidently and lawfully.

Who Should Attend

• HR Managers & ER Practitioners
• Business Owners & Directors
• Operations & Site Managers
• Anyone responsible for discipline, restructuring, or employment compliance

Stay Compliant. Stay Confident. Stay Ahead.

Mutual separation agreements remain a legitimate and powerful tool — when used correctly. This webinar ensures your organisation understands the law, applies it properly, and avoids unnecessary risk.