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South Africa decisions
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Moji v Road Accident Fund (028776/2024) [2025] ZAGPJHC 196 (31 January 2025)
The High Court held the Road Accident Fund 100% liable and awarded R524,400 for future loss of earnings, plus an undertaking for future medical expenses.
University of Zululand v Dlongolo (DA23/2023) [2025] ZALAC 1; [2025] 5 BLLR 503 (LAC); (2025) 46 ILJ 1146 (LAC) (21 January 2025)
The Labour Appeal Court held there was no consensus on an early-retirement pension arrangement because the employee should have queried an obvious drafting mistake.
Coetzee v Ithala SOC Limited (D700/15) [2024] ZALCD 8 (12 March 2024)
The court found that although the respondent had initiated a retrenchment process and issued a notice of retrenchment to the applicant, the applicant voluntarily applied for early retirement before the dismissal could take effect. The respondent accepted this application, and the employment relationship continued for the purposes of post-retirement benefits. The so-called practice of 'early retirement with retrenchment' was not supported by any formal policy and was based solely on the advice of a single manager. The applicant remained on the payroll and continued to receive contractual benef…
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Mara v Tems Meat Wholesalers (JS 25/2021) [2024] ZALCJHB 6 (19 January 2024)
The Court found that the applicant failed to prove that he was coerced or acted under duress when signing the mutual separation agreement. The evidence did not demonstrate actual violence or reasonable fear caused by considerable evil, nor did the applicant immediately raise any complaint of coercion. The applicant had the opportunity to refuse to sign but chose not to. The agreement was entered into in full and final settlement of all claims, and the applicant accepted its terms. As such, the settlement agreement is valid and binding, and the fairness of the dismissal does not arise. The app…
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Soga v Member of the Executive Council for the Department of Health , Eastern Cape and Another (8 August 2023) (518/2022) [2023] ZAECBHC 20 (8 August 2023)
Review dismissed for undue delay where an employee challenged refusal of early retirement without pension penalty and the later imposition of pension deductions.
Dlongolo v University of Zululand (D306/19) [2023] ZALCD 9 (1 June 2023)
The Labour Court held that the university made a binding offer to compensate the applicant for early-retirement penalties and ordered payment, interest, and costs.
SACCAWU and Others v Connect Financial Services (Pty) Ltd (JS 121 / 2021) [2023] ZALCJHB 32 (9 March 2023)
The Labour Court held that the retrenchments were procedurally and substantively fair after finding that early retirement, vacancies, and workload diversion were properly dealt with.
Reddy v South African Revenue Services and Another (EQ19443 / 21) [2021] ZAEQC 2 (21 July 2021)
The Equality Court dismissed a disability discrimination complaint by a SARS employee placed on ill-health retirement, finding the dispute was not properly framed under the Equality Act.
Reddy v South African Revenue Services and Another (EQ19443/21) [2021] ZAGPPHC 468 (12 July 2021)
The Equality Court dismissed a disability discrimination complaint by a SARS employee who was placed on early retirement due to ill health.
Road Accident Fund v Bee (A07/16) [2016] ZAWCHC 122 (20 September 2016)
The court held that the respondent failed to establish that this was an appropriate case to quantify his personal loss of earnings by reference to the loss of income suffered by BPW. The evidence did not show that the fortunes of BPW were inextricably bound to the respondent's well-being or that his work performance directly impacted BPW's profitability. The respondent continued to receive payments equivalent to his brother's, based on their equal member interests, regardless of his reduced capacity. The court found no legal basis to exclude these payments as ex gratia or to award damages for…
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