If an employee causes an employer damage through dishonesty, theft, fraud or misconduct, the South African Pension Funds Act provides that the employer may, in certain circumstances, recover losses from the benefits payable to that employee when the employee ceases to be a member of the fund or retires.
If an employee causes an employer damage through dishonesty, theft, fraud or misconduct, the South African Pension Funds Act provides that the employer can, in certain circumstances, recover losses from the benefits payable to that employee when the employee ceases to be a member of the fund or retires.
Telkom opposed this application and instituted a counter-application in terms of which it sought an order against the retirement fund interdicting it from paying the relevant funds to the employee, pending the finalisation of a civil action that it was pursuing against the employee. “The court considered the employee’s contention that he required the money to meet his existing financial obligations, but found that, if the employee was paid the pension monies, he would use the money for these obligations and thus leave Telkom with no recourse. Any judgment that Telkom secured against the employee would therefore be of no value.”
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