South Africa Case Law

Associated Institutions Pension Fund and Others v Van Zyl and Others (268/03)

Associated Institutions Pension Fund and Others v Van Zyl and Others (268/03) [2004] ZASCA 78; [2004] 4 All SA 133 (SCA); 2005 (2) SA 302 (SCA) (17 September 2004)

Court

Supreme Court of Appeal

Case number

268/03

Judges

Brand, Harms, Mthiyane, Cloete, Comrie

The Supreme Court of Appeal held that the transfer regulations required the actuary to apply professional actuarial methodology, including the use of assumptions and projections, in determining both the market value of assets and aggregate liabilities for the purpose of calculating the funding percentage. The court rejected the literal and alternative interpretations advanced by the respondents and the court a quo, finding that both the wording and the context of the regulations supported the application of actuarial practice to asset determination. The court further found that the respondent…

Source excerpt

• Judicial Review Of Administrative Action
• Pension Fund Transfer
• Interpretation Of Regulations
• Unreasonable Delay
• Actuarial Methodology
• Substantive Vs Procedural Fairness

Unitrans Zululand (Pty) Ltd v Cebekhulu (DA28/01)

Unitrans Zululand (Pty) Ltd v Cebekhulu (DA28/01) [2003] ZALAC 5; [2003] 7 BLLR 688 (LAC) (23 May 2003)

Court

Labour Appeal Court

Case number

DA28/01

Judges

Zondo JP, Davis AJA, Du Plessis AJA

The Labour Appeal Court held that the retrenchment was substantively fair but procedurally unfair because consultation under section 189 was not genuine.

• Unfair Dismissal
• Retrenchment Procedure
• Section 189 Consultation
• Compensation For Unfair Dismissal
• Substantive Vs Procedural Fairness
• Unfair-dismissal