South Africa Case Law

Coetzee v Ithala SOC Limited (D700/15)

Coetzee v Ithala SOC Limited (D700/15) [2024] ZALCD 8 (12 March 2024)

Court

Labour Court Durban

Case number

D700/15

Judge

Whitcher

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…

Source excerpt

• Unfair Dismissal
• Retrenchment
• Early Retirement
• Section 189 Consultation
• Post Retirement Medical Aid

Skinner and Others v Nampak Products Limited and Others (JA95/19)

Skinner and Others v Nampak Products Limited and Others (JA95/19) [2020] ZALAC 43; (2021) 42 ILJ 838 (LAC) (24 November 2020)

Court

Labour Appeal Court

Case number

JA95/19

Judges

Davis, Murphy, Kathree-Setiloane

The Labour Appeal Court held that Nampak lawfully capped post-retirement medical aid contributions under a valid contractual discretion, with no breach or unfair labour practice.

• Unfair Labour Practice
• Contractual Discretion
• Post Retirement Medical Aid
• Specific Performance
• Breach Of Contract
• Labour-law

Tertiary Education National Union and Another v Durban University of Technology (796/2018)

Tertiary Education National Union and Another v Durban University of Technology (796/2018) [2019] ZASCA 151 (22 November 2019)

Court

Supreme Court of Appeal

Case number

796/2018

Judges

Leach, Wallis, Saldulker, Nicholls, Dolamo

The Supreme Court of Appeal held that Version 7 of the conditions of service did not bind DUT to extend a PRMA subsidy to former ML Sultan employees.

• Conditions Of Service
• Post Retirement Medical Aid
• Collective Bargaining
• Contractual Interpretation
• Contractual-interpretation
• Conditions-of-service

Skinner and Others v Nampak Products Limited and Others (JS197/16)

Skinner and Others v Nampak Products Limited and Others (JS197/16) [2019] ZALCJHB 189 (20 June 2019)

Court

Labour Court Johannesburg

Case number

JS197/16

Judge

GN Moshoana

The Court found that the policy governing post-retirement medical aid benefits contained a clause granting the employer sole discretion to set a maximum contribution level for future pensioners, thereby limiting the general entitlement to 100% or 50% contributions. The applicants failed to prove that the exercise of this discretion was unreasonable or not in good faith. The respondent's actions were commercially rational, motivated by escalating costs and declining profitability, and followed legal advice and Board approval. The Court held that there was no breach of contract, as the capping…

Source excerpt

• Unfair Labour Practice
• Contractual Discretion
• Post Retirement Medical Aid
• Section 197 Transfer
• Remedies For Unfair Labour Practice

Tertiary Education National Union of South Africa (TENUSA) and Another v Durban University of Technology (10802/2014)

Tertiary Education National Union of South Africa (TENUSA) and Another v Durban University of Technology (10802/2014) [2018] ZAKZDHC 10 (11 May 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

10802/2014

Judge

Olsen

The High Court held that DUT’s council did not approve extending post-retirement medical aid benefits to former ML Sultan Technikon employees.

• Harmonisation Of Conditions Of Service
• Post Retirement Medical Aid
• Powers Of University Council
• Interpretation Of Council Minutes
• Labour-law
• Contract-interpretation

Strydom v University of South Africa (A 173/2011)

Strydom v University of South Africa (A 173/2011) [2014] ZAGPPHC 1010 (12 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

A 173/2011

Judges

M W Msimeki, P M Mabuse, L Windell

Appeal dismissed over a claimed post-retirement medical aid benefit; the court found no enforceable agreement and held performance was barred by a Labour Court order.

• Contractual Entitlement
• Conditions Precedent
• Post Retirement Medical Aid
• Estoppel
• Union Mandate
• Impossibility Of Performance