Bester v Selfmed Medical Scheme (C171/2015) [2018] ZALCCT 25 (31 July 2018)

Bester v Selfmed Medical Scheme (C171/2015) [2018] ZALCCT 25 (31 July 2018)

The court found that the amended leave policy adopted by the Selfmed Board of Trustees in September 2005 was binding and had not been rescinded. The applicant was a credible and reliable witness, supported by documentary evidence, whereas the respondent failed to provide direct evidence that the policy was not implemented. The applicant's entitlement to 213.5 days of accrued leave was established on a balance of probabilities, calculated according to the policy. Regarding interest on emoluments, the court held that the respondent was obliged to pay interest from the date each payment became due, not merely from the date of reinstatement, as the status quo was restored upon withdrawal of...

Citation
[2018] ZALCCT 25
Parties
Applicant: Martha Petronella Bester; Respondent: Selfmed Medical Scheme
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
31 July 2018
Case Number
C171/2015
Procedural Posture
Civil Trial / Final Judgment
Outcome
The applicant succeeded on both claims. The respondent is ordered to pay the applicant the outstanding accrued leave, interest on emoluments, and costs.
Judges
Steenkamp
Legal Topics
Contractual Leave Entitlement, Basic Conditions of Employment Act, Interest on Emoluments, Leave Policy Interpretation
Labour Law Contractual Leave Entitlement Basic Conditions of Employment Act Interest on Emoluments Leave Policy Interpretation

Case Brief

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Parties

Martha Petronella Bester

Applicant

Selfmed Medical Scheme

Respondent

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the applicant is contractually entitled to payment for 213.5 days of accrued leave under the Selfmed leave policy.
  2. 2 Whether the respondent was obliged to pay interest on emoluments withheld during the applicant's suspension.
  3. 3 Whether the amended leave policy adopted in September 2005 was binding and implemented.

Ratio Decidendi

The court found that the amended leave policy adopted by the Selfmed Board of Trustees in September 2005 was binding and had not been rescinded. The applicant was a credible and reliable witness, supported by documentary evidence, whereas the respondent failed to provide direct evidence that the policy was not implemented. The applicant's entitlement to 213.5 days of accrued leave was established on a balance of probabilities, calculated according to the policy. Regarding interest on emoluments, the court held that the respondent was obliged to pay interest from the date each payment became due, not merely from the date of reinstatement, as the status quo was restored upon withdrawal of...

Court Disposition

The applicant succeeded on both claims. The respondent is ordered to pay the applicant the outstanding accrued leave, interest on emoluments, and costs.

Orders

  • The respondent must pay the applicant R1,189,140.30 in respect of unpaid accrued leave.
  • The respondent must pay capitalised interest of R19,218.03 at 9% per year on R1,470,562.38 for the period 25 December 2014 to 17 February 2015.