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Sewsunker v Durban University of Technology (3897/12) [2013] ZAKZDHC 47

17th September 2013

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This is an application to review and set aside the decision of the respondent to deny the applicant “post retirement medical aid benefits” in terms of the provisions of the Promotion of Administrative Justice Act 3 of 2000 (PAJA). It is common cause that the applicant had been in the employ of the respondent and that his services were terminated after a disciplinary hearing found him guilty of misconduct. As a result the dispute was referred to mediation and ultimately for arbitration by the Commission for Conciliation, Mediation and Arbitration (the CCMA) on 6 December 2010.

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