Gradwell v Bidpaper Plus (Pty) Ltd and Others (EL46/2012)
Gradwell v Bidpaper Plus (Pty) Ltd and Others (EL46/2012) [2012] ZAECGHC 64; (2012) ILJ 33 2794 (ECG) (21 August 2012)
The court held that section 37D of the Pension Funds Act allows a pension fund to withhold benefits where the employer alleges facts which, if proved, would amount to theft, fraud, dishonesty, or misconduct. The employer's allegations that the applicant passed confidential information to a competitor and entered into arrangements detrimental to the employer, if proven, would constitute serious misconduct and dishonesty. The court found that such conduct necessarily implies dishonesty as contemplated by section 37D. Therefore, the pension fund's decision to withhold the applicant's benefits pe…
Source excerpt
- Restraint Of Trade
- Withholding Pension Benefits
- Pension Funds Act Section 37d
- Employee Misconduct