The High Court refused to allow the erstwhile employer the right of access to the pension fund benefits of two employees, who were alleged to have defrauded it. Mali AJ held that the employer had failed to prove that there was any fraud, dishonesty and/or theft in order to withhold the funds. For the employer’s unsuccessful proceedings in the Labour Appeal Court see Claims against sheriff: Labour Court’s powers limited.
Windybrow Centre for the Arts v Sanlam Life Insurance Limited (50395/2015) [2016] ZAGPPHC 225 (24 March 2016) per Mali AJ.