Govender v Argyle Poultry Farms (Pty) Ltd (1055/09) [2009] ZAKZPHC 73; (2010) 31 ILJ 1593 (KZP) (7 December 2009)

Govender v Argyle Poultry Farms (Pty) Ltd (1055/09) [2009] ZAKZPHC 73; (2010) 31 ILJ 1593 (KZP) (7 December 2009)

The court held that the plaintiff's conduct in leaving the farm to refuel his vehicle did not amount to deliberate absence from the defendant's service as contemplated by clause 5.10.1 of the pension policy. The absence was momentary and did not constitute a temporary severance or suspension of the employment relationship. The plaintiff intended to return to work and had not absconded or abandoned his employment. Even if he had left early and did not return until the next day, this would not amount to absence from service but rather working fewer hours. The exclusion clause requires more than a brief absence or neglect of duties; it requires an intention to sever the employment...

Citation
[2009] ZAKZPHC 73
Parties
Plaintiff: Ravindran Govender; Defendant: Argyle Poultry Farms (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
7 December 2009
Case Number
1055/09
Procedural Posture
Civil Trial / Separated Issue Under Rule 33(4)
Outcome
Issue decided in favour of the plaintiff; the exclusion clause does not apply.
Judges
Stewart AJ
Legal Topics
Employer Liability, Disability Benefits, Policy Interpretation, Employment Relationship
Delict Labour Law Employer Liability Disability Benefits Policy Interpretation Employment Relationship

Case Brief

Summary, issues, holding and outcome

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Parties

Ravindran Govender

Plaintiff

Argyle Poultry Farms (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Separated Issue Under Rule 33(4)

Legal Issues

  1. 1 Whether the plaintiff's conduct on 28 August 2004 constituted deliberate absence without permission from the defendant's service as contemplated in clause 5.10 of the pension policy.
  2. 2 Whether the exclusion clause in the pension policy applies to the plaintiff's situation.

Ratio Decidendi

The court held that the plaintiff's conduct in leaving the farm to refuel his vehicle did not amount to deliberate absence from the defendant's service as contemplated by clause 5.10.1 of the pension policy. The absence was momentary and did not constitute a temporary severance or suspension of the employment relationship. The plaintiff intended to return to work and had not absconded or abandoned his employment. Even if he had left early and did not return until the next day, this would not amount to absence from service but rather working fewer hours. The exclusion clause requires more than a brief absence or neglect of duties; it requires an intention to sever the employment...

Court Disposition

Issue decided in favour of the plaintiff; the exclusion clause does not apply.

Orders

  • It is declared that the conduct of the plaintiff on 28 August 2004 did not constitute deliberate absence without permission from the defendant's service as pleaded in paragraph 7 of the plea.
  • The costs to date are costs in the cause.