Robert Bosch Retirement Benefit Fund v Kooverjie N.O. and Others (59231/2012)
Robert Bosch Retirement Benefit Fund v Kooverjie N.O. and Others (59231/2012) [2013] ZAGPPHC 455 (3 December 2013)
The court found that the Appeal Board erred in law by requiring consultation with former members as stakeholders, as the statutory definition of 'stakeholder' was amended after the relevant negotiations and should not be applied retrospectively. However, the court held that the applicant failed to demonstrate adequate consultation and negotiation with pensioners, as there was no evidence that trustees had a considered mandate from those they purported to represent. The absence of meaningful communication and information-sharing with pensioners meant that the requirements of sections 15B and 1…
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- Promotion Of Administrative Justice Act
- Pension Funds Act
- Stakeholder Consultation
- Actuarial Surplus Allocation
- Equitable Distribution