Category: Provisos

Retirement age policy: Forced dismissal discriminatory

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Age discrimination unfair: Automatic indefensible

The LC awarded over R1m as compensation, being equal to 14 months remuneration.  The employer failed to prove that there was any agreed or normal retirement age.  But acting justice Snyman failed to consider the argument that...

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Age discrimination: ‘employment at will’

Assume an employer extends employment beyond the fixed age for retirement, subject to the condition that thereafter employment will be solely ‘at the will’ of the employer.   Does that mean the employee forfeits the statutory...

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Principles of interpretation: Exceptions and provisos

Do employers have the right to end employment based solely on age when employees reach the normal retirement age for persons employed in that capacity ? A very important recent judgment of Wallis JA in the Supreme Court of...

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Proper interpretation approach: One unitary exercise

Natal Joint Municipal Pension Fund v Endumeni MunicipalityProper interpretation approach was stated clearly by the SCA and gave effect to the ’emerging trend in statutory construction’ and to the interpretation of...

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Interpreting documents properly: Approach to adopt

Natal Joint Municipal Pension Fund v Endumeni Municipality (920/2010) [2012] ZASCA 13; [2012] 2 All SA 262 (SCA); 2012 (4) SA 593 (SCA) (16 March 2012) per Wallis JA [unanimous]. SCA summary: Pension Fund for municipal employees...

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