Law Reports
Pratt v Lactalis South Africa (Pty) Ltd (668/2022) …

Pratt v Lactalis South Africa (Pty) Ltd (668/2022) [2026] ZAWCHC 237 (15 May 2026)

57 Reportability

Labour Law

Brief Summary

Misrepresentation — Duty of disclosure — Plaintiff, a former employee, claims payment under a mutual separation agreement with the Defendant, alleging misrepresentation by omission regarding the terms of employment and settlement — Legal issue revolves around the existence of a duty to disclose material facts during the negotiation of the settlement agreement — Court held that a duty of disclosure exists in the context of employment termination and settlement negotiations, and failure to disclose relevant information may constitute misrepresentation.

Full Judgment Text (Click to expand)

THE REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
Case Number: 668 / 2022
In the matter between:
WARREN MARK PRATT Plaintiff
and
LACTALIS SOUTH AFRICA (PTY) LTD Defendant
Coram: CooperAJ
Heard: Monday, 20 October 2025 to Thursday, 23 October 2025 and Wednesday,
17 November 2025
Delivered: Friday, 15 May 2026
Summary: Misrepresentation by omission - when duty of disclosure exists in the context
of termination of an employment contract and conclusion of a settlement
agreement
JUDGMENT
COOPER, AJ:
INTRODUCTION
1. In this action, the Plaintiff, an erstwhile employee of the Defendant, seeks payment of
amounts allegedly owing in terms of a written, mutual separation agreement concluded

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