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South Africa decisions
Decisions matching the current search
Sethabela v Simba Proprietary Limited (J125/2024) [2024] ZALCJHB 222 (22 May 2024)
The Labour Court dismissed an urgent application challenging abscondment allegations, performance management, disability benefits, and harassment for lack of jurisdiction.
Pinto v Dimension Data and Others (EQ 3/2021) [2022] ZAEQC 4 (15 June 2022)
The court held that the applicant's claims for unfair discrimination, whether framed in terms of contract, delict, or Pepuda, arise from his employment relationship with Dimension Data. The EEA and LRA provide exclusive jurisdiction to the Labour Court for such claims, and Pepuda expressly excludes its application where the EEA applies. The fact that the employment relationship ended before the claim was brought does not alter the jurisdictional position, as the rights in question arose during employment. Accordingly, the Equality Court lacks jurisdiction to entertain the applicant's complain…
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Sentinel Retirement Fund v C V Bold and Others (80105/2015) [2017] ZAGPPHC 83 (7 March 2017)
The High Court set aside a pension fund adjudicator's award of a disability benefit, holding the trustees had properly exercised their discretion.
Weweje v Post Office Pension Fund (P21/2009) [2014] ZALCPE 3 (9 May 2014)
The Labour Court granted a postponement of a dismissal application, finding the applicant gave a satisfactory explanation and that any respondent prejudice could be met by costs.
Potgieter v Pension Funds Adjudicator (45647/2013) [2013] ZAGPPHC 440 (6 December 2013)
High Court review of a pension fund disability dispute. The court set aside the Adjudicator’s decision and declared the applicant permanently unable to do his spray-painting work.
Govender v Argyle Poultry Farms (Pty) Ltd (1055/09) [2009] ZAKZPHC 73; (2010) 31 ILJ 1593 (KZP) (7 December 2009)
The court held that a site foreman’s brief trip to refuel his vehicle did not amount to deliberate absence from service under a pension policy exclusion.
Scheepers v Voorsitter van die Raad van Trustees van die Sasol Pensioenfonds (4761/1998) [2002] ZAFSHC 19 (21 November 2002)
The court found that the applicant failed to establish reviewable grounds for setting aside the trustees' decision. The medical evidence before the trustees at the time did not conclusively prove that the applicant was totally and permanently disabled from performing any occupation for which she was reasonably qualified. The trustees considered all relevant medical reports and acted within their discretion as required by the pension fund rules. The applicant was given opportunities to submit further information and to make new applications. There was no contractual or statutory right for the…
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