Hood v Association of Retired Persons & Pensioners and Others (C524/2004)
Hood v Association of Retired Persons & Pensioners and Others (C524/2004) [2005] ZALC 102; [2006] 3 BLLR 311 (LC); (2006) 27 ILJ 1017 (LC) (17 December 2005)
The Labour Court found that Article 19 of the Association's articles of association granted the board of directors the authority to appoint the applicant as CEO, as neither the Companies Act nor the articles required such appointments to be made by the general meeting. The exclusion of the standard articles in Schedule 1 did not restrict the board's powers in this regard. The arbitrator failed to consider the relevant provisions of the articles and the evidence, resulting in a reviewable jurisdictional error. There was no evidence to support the finding that the chairman lacked the necessary…
Source excerpt
- Employee Status
- Company Articles Of Association
- Jurisdictional Error
- Ultra Vires
- Mandate Of Directors