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South Africa decisions
Decisions matching the current search
Smith v Minister of Education and Others (9748/2014) [2015] ZAWCHC 42 (22 April 2015)
The High Court held that an employee who retired early under section 16(6) of the Public Service Act was entitled to the full medical aid subsidy payable to age-60 retirees.
Konono v MEC for the Department of Education, Eastern Cape Province and Others (278/2011) [2013] ZAECGHC 105 (1 October 2013)
The court held that an educator had resigned, not retired, and dismissed his claim for retirement-related benefits and corrective pension steps.
Hoffmann v Pension Funds Adjudicator and Others (2701/11) [2011] ZAWCHC 446; [2012] 2 All SA 198 (WCC) (6 December 2011)
The High Court held that the pension dispute fell within the Pension Funds Act, set aside the Adjudicator’s ruling, and ordered Class 1 Executive benefits.
Umgeni Water and Others v Mshengu (03/09) [2009] ZASCA 148; [2010] 2 All SA 505 (SCA) ; (2010) 31 ILJ 88 (SCA) (26 November 2009)
The SCA held that a dismissed employee’s retirement-benefit claim had not prescribed because the cause of action arose only once the dismissal was found unfair.
South African Broadcasting Corporation v Coop and Others (178/08) [2009] ZASCA 30; [2009] 3 All SA 433 (SCA) (30 March 2009)
The Supreme Court of Appeal held that the SABC was not entitled to unilaterally phase out or withdraw the medical subsidy benefits previously ordered to be maintained for the respondents. The original order was based on the respondents' legal right to receive the subsidy, and that order remains effective until those rights are lawfully terminated. The SABC failed to establish that the legal basis for the order no longer existed or that the rights had been lawfully terminated. Mere assertion of termination without lawful basis is insufficient to relieve the SABC of its continuing obligations.…
Source excerpt
Consolidated Employers Medical Aid Society and Others v Leveton (38/97) [1998] ZASCA 114 (27 November 1998)
The Supreme Court of Appeal upheld Leveton’s reinstatement to a medical aid scheme, holding that the disputes committee’s decision was binding on management.
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