South African Post Office Ltd v Kriek and Others (P190/12)
South African Post Office Ltd v Kriek and Others (P190/12) [2016] ZALCPE 12 (22 April 2016)
The court found that the CCMA had jurisdiction to arbitrate the dispute as the TTD benefit was a discretionary benefit provided by SAPO, not solely governed by the insurer. The evidence established that SAPO made the decision to refuse Kriek's application for TTD benefits. The arbitrator's conclusion that the refusal was unfair was reasonable, given the lack of substantive medical grounds for the refusal and the absence of evidence of sick leave abuse. The punitive cost order was excessive and unjustified, as SAPO did not act in bad faith, though Kriek was put to unnecessary expense. The awar…
Source excerpt
- Unfair Labour Practice
- Employee Benefits
- Temporary Total Disability
- Jurisdiction Of Ccma
- Costs Award
- Remittal For Quantification