Waterford Kamhlaba United World College Of Southern Africa v Hlophe (16 of 2022) [2023] SZICA 11 (21 April 2023)

Case summary
Labour Law - deduction of personal loan from gratuity payable upon end of contract - inte1pretation of Section 56 (1) (d) of The Employment Act 3/1980 and applicability of the provisions of Section 32 (2) (a) and (b) of the Retirement Fund Act 2005 -An employer may not make deductions from remuneration of his employee unless he has consulted the employee and has been given permission to do so; or where the law or Court Order permits him to do so. Appeal and cross appeal dismissed, no order for costs.

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