Defined benefit or contribution fund Archives

Employment dispute absent: Jurisdiction pension benefits

by GilesFiles | May 18, 2020 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, Disallowed, Exceptions/special pleas, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Pension & retirement funds, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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,...

Pension funds released: Appealing adjudicator’s decision

by GilesFiles | Dec 12, 2019 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pension & retirement funds, Statutory, Topics | 0 |

SA Metal Group (Pty) Ltd v Jeftha High Court confirmed that pension funds and benefits are sacrosanct and need legal protection benefits cannot be reduced or ceded or attached, other than exceptional circumstances, and s37A...

Golden handshake assessed: Public policy justification

by GilesFiles | May 24, 2017 | Courts, Labour Relations, LRA 1995, Public policy, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

If a public official voluntarily resigns from employment, the payment to him or her of a “golden handshake” would not be consistent with the duty of his or her employer in terms of section 51 of the Public Finance...

Retirement funding: Defined contribution or benefit

by GilesFiles | Jan 20, 2016 | 68 strike unprotected, 69 Protest action, Conduct & capacity, LRA 04: 64-69 Power plays (LRL 6), Reforms required, Retirement, Termination (LRL 8) | 0 |

Legislation was introduced in 1980, after the Wiehahn Report, to allow the old Industrial Court and now the Labour Court to rule on the fairness of all matters of mutual interest. This included the fairness of many retirement...

Reviewable error: View distribution scheme as a whole

by GilesFiles | Dec 2, 2015 | 2015, Causes and defences, Courts, Interpretation etc, Judges, Labour Relations, Legislation, MJD Wallis, PAJA 2000, Practices (LRL 9), Sectors, Supreme Court of Appeal, Topics, Words & phrases | 0 |

Tellumat (Pty) Ltd v Appeal Board of the Financial Services Board (221/2015) [2015] ZASCA 202 (2 December 2015) per Wallis JA (Mpati P, Leach and Mathopo JJA and Baartman AJA concurring) The Supreme Court of Appeal allowed the...

Defined benefit fund explained

by GilesFiles | May 29, 2015 | Insights, Judges, Management, Policies - all, Retired judges | 0 |

As remarked so eloquently by Marais JA in the Tek-matter supra: “… In assessing the financial health of a pension fund an actuary is gazing into the proverbial crystal ball to see what the future will hold. The use of the...

Actuarial reserve: administrative decision set aside under PAJA

by GilesFiles | May 27, 2015 | 2015, Bill of Rights, Causes and defences, Courts, High Court, Judges, Legislation, PAJA 2000, Statutes (LRL 2)-work, Topics | 1 |

The High Court granted the application under PAJA and set aside a decision of the Appeal Board. The Registrar of Pension Funds rejected the statutory actuarial valuation of the Fund as at 13 September 2007. The Appeal Board...

Class action: Transnet no appeal against R80bn

by GilesFiles | Dec 31, 2014 | 2014 and earlier, 2014 and earlier, Courts, High Court, Judges, Miscellaneous, Supreme Court of Appeal, Words & phrases | 0 |

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,...

Innovative Canadian collective bargaining agreement

by GilesFiles | Sep 25, 2012 | Collective Bargaining (LRL 5), Insights, Labour Relations, Practices (LRL 9), Termination (LRL 8), Topics | 0 |

Given the turmoil in South Africa and the breakdown in formal collective bargaining structures it is interesting to read about a new collective bargaining agreement in Ontario. The auto companies claimed that the employees...

Goose will stop laying golden eggs

by GilesFiles | Jul 7, 2010 | Discrimination (LRL 11), Employ Equity (LRL 12), Equal outcomes, philosophy / economics, Thought Leaders | 0 |

Otto von Bismarck, the Prussian/German statesman of the late 19th century, is widely regarded as the father of the welfare state and the person who first introduced social legislation, but it appears he worked closely with big...

Tag: Defined benefit or contribution fund