Kotze v Mpumalanga Department of Education and Others (18453/13)
Kotze v Mpumalanga Department of Education and Others (18453/13) [2014] ZAGPPHC 322; (2014) 35 ILJ 2361 (GNP) (4 June 2014)
The court held that, in line with the Supreme Court of Appeal’s decision in Highveld Steel and Vanadium Corporation Ltd v Oosthuizen, the employer is entitled to request the pension fund to withhold payment of the pension benefit pending final determination of its claim for compensation arising from alleged misconduct. The statutory provisions do not require that a written admission or court judgment be available at the time of termination; rather, the purpose is to protect the employer’s right to recover losses. The applicant’s main application is postponed pending the outcome of the related…
Source excerpt
- Government Employees Pension Law
- Interdict
- Withholding Of Pension Benefits
- Financial Misconduct
- Section 21 Gepl
- Compensation For Loss