SAOU obo Van Der Riet v MEC: Mpumalanga Province, Provincial Government Department of Education Bonakele Amos Majuba and Another (1269/2020)
SAOU obo Van Der Riet v MEC: Mpumalanga Province, Provincial Government Department of Education Bonakele Amos Majuba and Another (1269/2020) [2021] ZAMPMBHC 68 (9 February 2021)
The court held that the High Court has jurisdiction to adjudicate the dispute as the applicant's claim is based on a contractual and statutory right to retire at the end of the year in which he turned 65, not on unfair dismissal or unfair labour practice. The legislative history and interpretation of relevant statutes, including the Transvaal Ordinance, Education Affairs Act, Educators Employment Act, and Employment of Educators Act, supported the conclusion that Van der Riet retained his right to retire on 1 January 2021. The repeal of earlier regulations did not extinguish this vested right…
Source excerpt
- Retirement Age
- Contractual Rights Of Employees
- Jurisdiction Of High Court
- Statutory Interpretation
- Specific Performance