More than a year passed between the employer indicating that it reserved its right to withhold a former employee’s withdrawal benefit and instituting civil proceedings against him.
There is a view that the High Court’s judgment means the in duplum rule does not apply to section 13A(7) interest.
The member’s benefit was transferred from the money market investment into the fund’s business account.
SCA also finds that the High Court should not have granted punitive cost orders against the fund.
The decision clarifies the application of an amended rule to the calculation of a withdrawal benefit that accrued before the amendment was approved and registered.
FST does not accept submission that the impact of Covid on the markets absolved the employer of liability for the loss.
What you should know about reporting, calculating penalty interest, the in duplum rule, and the employer’s liability.
A reviewing body will have grounds to intervene only if a fund fails to take into account relevant considerations and ignores irrelevant considerations.
The fund said the automated payment of the spouse’s 50% interest was already in process, and the payment could not be stopped.
Some employers have been deducting higher amounts from employees’ salaries while remitting a lower amount to the fund.
Moriting Wealth Managers was not given an opportunity to state its case before the final determination was issued.
This case is an example of what good cause is not.
Applicant obtains High Court orders to get her share of ex-husband’s pension interest.
Labour legislation sets down the criteria that determine whether someone is an employee.
How does section 218 of the Financial Sector Regulation Act define what ‘a decision’ is?
Discrepancy between the figures on his benefit statement and those on Sanlam’s website.
High Court considers the extent of the retirement fund’s investigation into the dependants.
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