A full bench of the high court disallowed the appeal from an order of a magistrate. A business that previously employed the respondent was transferred to Harmony after the respondent was no longer employed. Section 197(2)(b) of the LRA was applied automatically even though respondent was never employed by Harmony. The respondent was obliged in terms of a divorce settlement to keep his ex-wife on his medical aid. The new rules of Harmony did not permit this. So Harmony disputed respondent’s former wife’s right to continue to be covered by the current medical aid scheme. It was held that Harmony could not dispute its liability to pay those medical aid contributions. The divorce order was clear and Harmony had previously acknowledged its liability.
Harmony Gold Mining Co (Pty) Ltd v Le Hardy (A42/2010) [2010] ZAFSHC 69; [2015] JOL 34142 (FB) (29 July 2010) per Kruger J with Mthembu AJ concurring.