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South Africa decisions
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Value Logistics Ltd v Weinberg and Another (54119/07) [2012] ZAGPPHC 17; (2012) 33 ILJ 849 (GNP) (29 February 2012)
The court held that two former employees breached fiduciary and contractual duties by selling company vehicles, manipulating invoices, and failing to account for proceeds.
Volvo (Southern Africa) (Pty) Ltd v Yssel (2009 (6) SA 531 (SCA) ; [2009] 4 All SA 497 (SCA) ; [2010] 2 BLLR 128 (SCA); (2009) 30 ILJ 2333 (SCA)) [2009] ZASCA 177; [2009] ZASCA 82 (20 August 2009)
The Supreme Court of Appeal held that Yssel, as manager of Volvo's information technology division, occupied a position of trust regardless of the absence of direct contractual privity. His actions in arranging for personnel to transfer to Highveld and earning secret commissions were undertaken as an incident of his managerial function, not as an independent broker. Volvo was justified in relying on Yssel to act in its interests, and Yssel's concealment of his commission arrangement constituted a breach of fiduciary duty. The court found that Yssel was obliged to disgorge the secret commissio…
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Volvo SA (Pty) Ltd v Yssel (17801/06) [2008] ZAGPHC 109; [2008] 3 All SA 488 (W) (21 February 2008)
The court found that while the respondent performed services at a high level within the applicant's organisation and owed certain fiduciary duties, those duties were expressly limited by the contractual arrangements between the applicant and Highveld. The respondent's responsibilities did not include recruitment or acquisition of staff, which was the domain of the applicant's Human Resources Department. The respondent's arrangement with Highveld to earn commissions from the transfer of IT contractors did not fall within the scope of his fiduciary obligations to the applicant. The absence of p…
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Hospitality and General Provident Fund v Commission for Conciliation Mediation and Arbitration and Others (JR 1392/05) [2006] ZALC 116 (1 December 2006)
The Labour Court reviewed and set aside a CCMA award reinstating an employee who had secretly received commission payments, finding the dismissal fair.
Ganes and Another v Telecom Namibia Ltd. (608/2002) [2003] ZASCA 123; [2004] 2 All SA 609 (SCA); 2004 (3) SA 615 (SCA); (2004) 25 ILJ 995 (SCA) (25 November 2003)
The Supreme Court of Appeal upheld final sequestration after finding secret commissions and bribes received by an employee were recoverable and rendered the joint estate insolvent.
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