[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-282971-105":53,"doc-detail-282971-en":126},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":119,"head_meta":121,"extra_data":123,"updated_unix":125},105,"en","mutual-separation-agreements-the-good-the-bad-and-the-ugly","Mutual Separation Agreements: The Good, the Bad and the Ugly","","The highest court has accepted the validity of terminating an employment relationship through a mutual agreement between employer and employee. These agreements are known as mutual or voluntary separation agreements or mutual termination agreements (MSAs). This form of termination is neither a dismissal nor a resignation, and may offer benefits by reducing labour-dispute referrals and enabling amicable termination on terms that protect both parties’ reputations. Signing an MSA can, however, waive important rights, create opportunities for coercion or misrepresentation, and allow potential employer abuse by circumventing prescribed procedures where labour legislation requires specific steps. Despite recognition by South African courts, guidance remains unclear due to the lack of dedicated legislation or a Code of Good Practice. This article analyses relevant case law and legal doctrine, identifies uncertainty and concerns, and provides practical guidance for negotiating MSAs more safely and responsibly.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":51,"@type":70,"position":76},"https://docshare.wps.com/template/general/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/mutual-separation-agreements-the-good-the-bad-and-the-ugly/282971/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/mutual-separation-agreements-the-good-the-bad-and-the-ugly/282971.png","ImageObject",442,249,{"name":88,"@type":89},"Ezra","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-09-22","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":76},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"What is a mutual or voluntary separation agreement (MSA)?","Question",{"text":108,"@type":109},"An MSA is a formal agreement between an employer and an employee that marks the end of an employment relationship. It serves as an alternative to resignation or dismissal as a method of termination of employment.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"How does an MSA affect an employee’s rights?",{"text":113,"@type":109},"By signing an MSA, the employee waives certain rights. This includes the right to receive unemployment benefits and the right to refer a labour dispute for resolution under the employment contract.",{"name":115,"@type":106,"acceptedAnswer":116},"Why is there uncertainty around MSAs in South African labour law?",{"text":117,"@type":109},"Although MSAs are recognised by South African courts, there is no clear legislation or Code of Good Practice to guide their use. The article notes the absence of academic literature examining how MSAs operate in practice and the risks they may pose.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},282971,1789586407,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":50,"category_name":51,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":73,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":135,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":125,"read_time":8},1099514068035,"https://ap-avatar.wpscdn.com/davatar_276721f389ce27ea32af1340a28f341c","Mutual Separation Agreements: The Good, the Bad  \nand the Ugly  \nJ Geldenhuys*  \nOnline ISSN 1727-3781  \nPioneer in peer-reviewed, open access online law publications  \nAuthor  \nJudith Geldenhuys  \nAffiliation  \nUniversity of Johannesburg , South Africa  \nEmail  \n[judithgeldenhuys@outlook.com](judithgeldenhuys@outlook.com)  \nDate Submitted  \n01 April 2025  \nDate Revised  \n03 October 2025  \nDate Accepted  \n03 October 2025  \nDate Published  \n20 January 2026  \nEditor  \nProf Neels Kilian  \nJournal Editor  \nProf Wian Erlank  \nHow to cite this contribution  \nGeldenhuys J \"Mutual Separation Agreements: The Good, the Bad and the Ugly\" PER / PELJ 2026(29) -DOI [http://dx.doi.org/10.17159/1727-](http://dx.doi.org/10.17159/1727-)[ ](http://dx.doi.org/10.17159/1727-)[3781/2026/v29i0a21831](3781/2026/v29i0a21831)  \nCopyright  \nDOI  \n[http://dx.doi.org/10.17159/1727-](http://dx.doi.org/10.17159/1727-)[ ](http://dx.doi.org/10.17159/1727-)[3781/2026/v29i0a21831](3781/2026/v29i0a21831)  \nAbstract  \nThe highest court has accepted the validity of terminating an employment relationship by means of a mutual agreement between an employer and an employee. These agreements are known as mutual or voluntary separation agreements or mutual termination agreements (MSAs) . This type of termination of employment neither constitutes a dismissal, nor is it a resignation. Termination of employment by way of MSAs has several potential benefits, including that it decreases the number of referrals of labour disputes, and it is possible that the employment relationship can be terminated amicably on terms that are agreeable to both the employer and employee and in a manner that maintains and protects the reputations of both parties. However, signing an MSA means that the employee waives certain rights: the right to receive unemployment benefits, and the right to refer a labour dispute in terms of the employment contract for resolution. Employees may also be forced or coerced into agreeing to terms and conditions that they would not otherwise agree to, or be misled into signing an MSA, as is evidenced by the cases referred to the courts. It is also possible for employers to abuse MSAs. They can, in instances where the labour legislation sets prescriptions that must be followed, attempt to bypass the prescribed procedures. Although MSAs have been recognised by South African courts, there is no clear legislation or Code of Good Practice to guide their use, nor is there academic literature that examines how MSAs operate in practice or the risks they may pose. This article addresses that gap by analysing relevant case law and legal doctrine to highlight areas of uncertainty and concern, offering guidance to help employers and employees navigate the negotiation of MSAs more safely and responsibly.  \nKeywords  \nDismissal; full and final settlement of disputes; mutual separation agreements; mutual termination agreements; termination of employment; retrenchment settlement agreements; settlement agreements; voluntary separation agreements; waiver of rights.  \n1 Introduction  \nA mutual or voluntary separation agreement (MSA) is a formal agreement between an employer and an employee that marks the end of an employment relationship. It serves as a valid and acceptable alternative to resignation 1 or dismissal2 as a method of termination of employment.3  \nThere are many benefits attached to this form of termination. It excludes the onerous process of instituting disciplinary action, where appropriate.4 Moreover, where there has been a breakdown in the employment relationship and the employer and employee wish to terminate the employment relationship amicably, it may be useful to conclude an MSA.5  \nBecause an MSA is an agreement, the concept of freedom of contract dictates that it is possible for employers and employees to negotiate the terms of the separation mutually.6 However, because these agreements mark the end of the employment relationship, by signing an MSA, employees ","cbCaipQQN23q1O7d","https://ap.wps.com/l/cbCaipQQN23q1O7d","pdf",504394,31,"English","# Abstract\n# 1 Introduction\n## 1.1 Mutual or voluntary separation agreement (MSA) as an alternative to resignation or dismissal\n## 1.2 Benefits and consequences of signing an MSA","[{\"question\":\"What is a mutual or voluntary separation agreement (MSA)?\",\"answer\":\"An MSA is a formal agreement between an employer and an employee that marks the end of an employment relationship. It serves as an alternative to resignation or dismissal as a method of termination of employment.\"},{\"question\":\"How does an MSA affect an employee’s rights?\",\"answer\":\"By signing an MSA, the employee waives certain rights. This includes the right to receive unemployment benefits and the right to refer a labour dispute for resolution under the employment contract.\"},{\"question\":\"Why is there uncertainty around MSAs in South African labour law?\",\"answer\":\"Although MSAs are recognised by South African courts, there is no clear legislation or Code of Good Practice to guide their use. The article notes the absence of academic literature examining how MSAs operate in practice and the risks they may pose.\"}]","Mutual Separation Agreements: The Good, the Bad and the Ugly | PDF"]