Tertiary Education National Union of South Africa (TENUSA) and Another v Durban University of Technology (10802/2014) [2018] ZAKZDHC 10 (11 May 2018)

Tertiary Education National Union of South Africa (TENUSA) and Another v Durban University of Technology (10802/2014) [2018] ZAKZDHC 10 (11 May 2018)

The court found that the council of the defendant did not approve the extension of post-retirement medical aid benefits to former MLS employees at its meeting of 23 November 2005. The documentary evidence, including council minutes and correspondence, indicated that the issue of medical aid, including...

Source-derived case information.

Citation
[2018] ZAKZDHC 10
Parties
Plaintiff: Tertiary Education National Union of South Africa (TENUSA); Plaintiff: National Health and Allied Workers Union (NEHAWU); Defendant: Durban University of Technology
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Case Number
10802/2014
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiffs' claim dismissed with costs, including costs of senior counsel.
Judges
Olsen
Legal Topics
Harmonisation of Conditions of Service, Post Retirement Medical Aid, Powers of University Council, Interpretation of Council Minutes
Labour Law Civil Procedure Harmonisation of Conditions of Service Post Retirement Medical Aid Powers of University Council Interpretation of Council Minutes

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Parties

Tertiary Education National Union of South Africa (TENUSA)

Plaintiff

National Health and Allied Workers Union (NEHAWU)

Plaintiff

Durban University of Technology

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

  1. 1 Whether the council of the defendant approved the extension of post-retirement medical aid benefits to former MLS employees at its meeting of 23 November 2005.
  2. 2 Whether the signed conditions of service agreement constituted binding approval of the disputed benefit.
  3. 3 Whether the documentary and oral evidence supports the plaintiffs' claim for a declaratory order.

Ratio Decidendi

The court found that the council of the defendant did not approve the extension of post-retirement medical aid benefits to former MLS employees at its meeting of 23 November 2005. The documentary evidence, including council minutes and correspondence, indicated that the issue of medical aid, including post-retirement benefits, was expressly listed as outstanding and not incorporated into the approved conditions of service. The oral evidence did not establish that agreement had been reached on the disputed benefit, and the benefit was never implemented or budgeted for. The court held that the plaintiffs' interpretation of the council's resolution was inconsistent with the documentary...

Court Disposition

Plaintiffs' claim dismissed with costs, including costs of senior counsel.

Orders

  • The plaintiffs' claim is dismissed with costs, such costs to include the costs of senior counsel.