South Africa Case Law

Spannenberg v Member of the Executive Council, Department of Health, Eastern Cape Province and Another - Application for Rescission (803/2020)

Spannenberg v Member of the Executive Council, Department of Health, Eastern Cape Province and Another - Application for Rescission (803/2020) [2023] ZAECBHC 34 (25 May 2023)

Court

Eastern Cape High Court, Bhisho

Case number

803/2020

Judge

Hartle

The court found that the review order granted on 16 March 2021 was erroneously sought and granted in the absence of the respondents, as it was not legally competent or enforceable. The order required the Department to record uninterrupted service for a period when the applicant's salary was frozen and no pension contributions were made, without any prior legal pronouncement on her entitlement to incapacity leave or salary for that period. The Bargaining Council award did not order payment of salary for the disputed period, and the applicant failed to obtain such relief in the Labour Court. Th…

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• Promotion Of Administrative Justice Act
• State Liability Act
• Rescission Of Judgment
• Incapacity Leave
• Ill Health Retirement
• Default Judgment Procedure

Matshidiso v Chief Executive Officer - South African Social Security Agency and Another (J 1175/2022)

Matshidiso v Chief Executive Officer - South African Social Security Agency and Another (J 1175/2022) [2022] ZALCJHB 365 (29 September 2022)

Court

Labour Court Johannesburg

Case number

J 1175/2022

Judge

Lagrange

The Labour Court struck the matter from the roll for lack of urgency, holding that financial hardship alone was insufficient and no exceptional circumstances were shown.

• Urgency In Labour Applications
• Incapacity Leave
• Ill Health Retirement
• Unlawful Suspension
• Salary Non Payment
• Urgency-in-labour-applications

Eicker v PSCBC and Others (JR2255/11)

Eicker v PSCBC and Others (JR2255/11) [2018] ZALCJHB 115 (13 March 2018)

Court

Labour Court Johannesburg

Case number

JR2255/11

Judge

A J Steenkamp

Labour Court review of a bargaining council award on temporary incapacity leave was dismissed. The court held SAPS retained a discretion under the collective agreement.

• Collective Agreement Interpretation
• Temporary Incapacity Leave
• Ill Health Retirement
• Arbitration Review
• Discretion Of Employer
• Collective-agreement-interpretation

S v Minister of the South African Police Services (17951/16)

S v Minister of the South African Police Services (17951/16) [2017] ZAGPPHC 74 (16 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

17951/16

Judge

Ranchod

The High Court lacks jurisdiction to adjudicate disputes concerning ill-health retirement of police officers, as such matters are governed by the Labour Relations Act and collective agreements, which provide for statutory arbitration. The applicant's cause of action does not fall within the scope of administrative action under PAJA, and his remedy lies within the dispute resolution mechanisms established by the LRA, PSCBC agreements, and PILIR policy. Furthermore, the failure to join the National Commissioner and Section Head: Medical Administration, who exercised the relevant discretion, con…

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• Ill Health Retirement
• Jurisdiction
• Non Joinder
• Collective Agreements
• Administrative Action
• Dispute Resolution

Mohapi v De Beers Pension Fund and Another (64/2015)

Mohapi v De Beers Pension Fund and Another (64/2015) [2016] ZASCA 14 (11 March 2016)

Court

Supreme Court of Appeal

Case number

64/2015

Judges

Cachalia, Tshiqi, Pillay, Swain, Victor

The Supreme Court of Appeal held that Mohapi was not entitled to ill-health retirement benefits because his dismissal stood and the employer had not formed the requisite medical opinion.

• Pension Fund Rules
• Ill Health Retirement
• Dismissal For Incapacity
• Interpretation Of Fund Rules
• Pension-fund-rules
• Ill-health-retirement

Feltmann v Minister of Safety and Security Section Head: Medical Administration and Another (JR1487/2011)

Feltmann v Minister of Safety and Security Section Head: Medical Administration and Another (JR1487/2011) [2015] ZALCJHB 368 (1 October 2015)

Court

Labour Court Johannesburg

Case number

JR1487/2011

Judge

Van Niekerk

The court found that the applicant failed to make out a cause of action for review in his founding affidavit, as required in motion proceedings. Even if the court considered the arguments raised in reply and during oral argument, the decision of the SAPS to refuse ill-health retirement was rationally connected to the information before it, including both psychiatric and occupational therapy reports. The applicable policy did not require exclusive reliance on psychiatric assessments, and the decision to offer alternative employment with ongoing treatment was consistent with the policy's purpos…

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• Ill Health Retirement
• Legality Review
• Rationality Of Administrative Action
• Incapacity Leave Policy

Du Plessis v Public Service Co-ordinating Bargaining Council and Others (JR2218/11)

Du Plessis v Public Service Co-ordinating Bargaining Council and Others (JR2218/11) [2015] ZALCJHB 261 (14 August 2015)

Court

Labour Court Johannesburg

Case number

JR2218/11

Judge

Tlhotlhalemaje

Labour Court dismissed a review of an arbitration award refusing temporary incapacity leave and ill-health retirement for a SAPS employee with PTSD.

• Review Of Arbitration Award
• Temporary Incapacity Leave
• Ill Health Retirement
• Collective Agreement Interpretation
• Onus Of Proof
• Discretion Of National Commissioner

Adams v Public Service Co-Ordinating Bargaining Council (PSCBC) and Others (JR30/13)

Adams v Public Service Co-Ordinating Bargaining Council (PSCBC) and Others (JR30/13) [2015] ZALCJHB 188 (26 June 2015)

Court

Labour Court Johannesburg

Case number

JR 30/13

Judge

Lallie

Labour Court dismissed a review of an arbitration award on sick leave and ill-health retirement, finding the award reasonable on the evidence.

• Arbitration Review
• Occupational Disease Leave
• Ill Health Retirement
• Collective Agreement Interpretation
• Labour-law
• Arbitration-review

De Beers Pension Fund v Pension Fund Adjudicator and Another (43222/13)

De Beers Pension Fund v Pension Fund Adjudicator and Another (43222/13) [2014] ZAGPPHC 839 (7 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

43222/13

Judge

Tuchten

High Court review of a pension fund adjudication. The court upheld the trustees’ refusal of ill-health retirement benefits and set aside the Adjudicator’s award.

• Pension Funds Act
• Ill Health Retirement
• Trustee Discretion
• Maladministration
• Unfair Dismissal
• Pension-fund-disputes

De Beer v Minister of Safety and Security/Police and Another (P720/10)

De Beer v Minister of Safety and Security/Police and Another (P720/10) [2011] ZALCPE 7; (2011) 32 ILJ 2506 (LC) (23 May 2011)

Court

Labour Court Port Elizabeth

Case number

P720/10

Judge

Lallie

The Labour Court has jurisdiction to grant interim relief in employment disputes, including those involving claims for remuneration and ill-health retirement, as confirmed by section 158(1)(a) of the LRA and section 77(1) of the BCEA. However, the applicant failed to establish a prima facie right to the relief sought. He did not provide a factual foundation to show he would overcome the condonation hurdle for late referral of his unfair dismissal dispute to the SSSBC. The evidence did not support that his applications for temporary incapacity leave and ill-health retirement were properly made…

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• Interim Relief
• Unfair Dismissal
• Jurisdiction Of Labour Court
• Ill Health Retirement
• Remuneration Claims