Harmony Gold Mining Co (Pty) Ltd v Le Hardy (A42/2010) [2010] ZAFSHC 69 (29 July 2010)

Harmony Gold Mining Co (Pty) Ltd v Le Hardy (A42/2010) [2010] ZAFSHC 69 (29 July 2010)

The court found that the appellant, Harmony Gold Mining Co (Pty) Ltd, was liable for the payment of the respondent's former spouse's medical fund contributions following the transfer of business. This liability arose from the settlement agreement and the operation of section 197(2) of the Labour Relations Act, which transferred all rights and obligations from Anglo Gold to Harmony Gold. The appellant's admission in its pleadings that the respondent's former spouse would remain a member of the Goldmed Medical Fund was decisive. The court rejected the appellant's attempt to rely on contradictory oral evidence to avoid this admission. The respondent's evidence that his former spouse was...

Citation
[2010] ZAFSHC 69
Parties
Appellant: Harmony Gold Mining Co (Pty) Ltd; Respondent: Charles Winter Le Hardy
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 July 2010
Case Number
A42/2010
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Judgment
Outcome
Appeal dismissed with costs, excluding costs of the respondent's condonation application for late filing of heads of argument.
Judges
Kruger R, Mthembu WND R
Legal Topics
Transfer of Business, Section 197 Lra, Medical Fund Obligations, Pleadings and Admissions
Labour Law Civil Procedure Transfer of Business Section 197 Lra Medical Fund Obligations Pleadings and Admissions

Case Brief

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Parties

Harmony Gold Mining Co (Pty) Ltd

Appellant

Charles Winter Le Hardy

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Judgment

Legal Issues

  1. 1 Whether the appellant is liable for the payment of the respondent's former spouse's medical fund contributions after the transfer of business.
  2. 2 Whether the rules of the new medical fund exclude the respondent's former spouse as a dependent.
  3. 3 Whether admissions in pleadings can be disregarded by contradictory oral evidence.

Ratio Decidendi

The court found that the appellant, Harmony Gold Mining Co (Pty) Ltd, was liable for the payment of the respondent's former spouse's medical fund contributions following the transfer of business. This liability arose from the settlement agreement and the operation of section 197(2) of the Labour Relations Act, which transferred all rights and obligations from Anglo Gold to Harmony Gold. The appellant's admission in its pleadings that the respondent's former spouse would remain a member of the Goldmed Medical Fund was decisive. The court rejected the appellant's attempt to rely on contradictory oral evidence to avoid this admission. The respondent's evidence that his former spouse was...

Court Disposition

Appeal dismissed with costs, excluding costs of the respondent's condonation application for late filing of heads of argument.

Orders

  • The appeal is dismissed with costs.
  • The costs order excludes the costs of the respondent's condonation application for late filing of heads of argument.