South Africa Case Law

Pedra v Wisium SA (Pty) Ltd (JS550/17)

Pedra v Wisium SA (Pty) Ltd (JS550/17) [2024] ZALCJHB 45 (26 January 2024)

Court

Labour Court Johannesburg

Case number

JS550/17

Judge

Phehane

The Court found that the applicant's employment contract bound him to all company policies and the rules of the Old Mutual Provident Fund, which stipulated a normal retirement age of 60 for management employees. The evidence established that the retirement policy was accessible and known to the applicant, and that the respondent followed its policy and procedure in effecting the dismissal. The applicant failed to establish any differential treatment or unfair discrimination, and section 187(2)(b) of the LRA applied, rendering the dismissal not automatically unfair. The applicant's version was…

Source excerpt

• Automatic Unfair Dismissal
• Retirement Policy
• Normal Retirement Age
• Unfair Discrimination
• Employment Contract
• Provident Fund Rules

SA Metal & Machinery Co (Pty) Ltd v Gamaroff (CA 4/2007)

SA Metal & Machinery Co (Pty) Ltd v Gamaroff (CA 4/2007) [2009] ZALAC 18; [2010] 2 BLLR 136 (LAC) (5 August 2009)

Court

Labour Appeal Court

Case number

CA 4/2007

Judges

Leeuw JA, Zondo JP, Ndlovu AJA

The Labour Appeal Court held that the respondent was fairly dismissed after reaching the applicable retirement age of 65 under the fund rules.

• Retirement Age
• Automatic Unfair Dismissal
• Section 187 Lra
• Provident Fund Rules
• Procedural Fairness
• Employment Contract Terms