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CR388 Retrenchment/ interpretation/ contra proferentum

CR388 Retrenchment/ interpretation/ contra proferentum Policy excluding any retrenchment claim “where the retrenchment was announced within the first 6 months” – on the specific facts of this case, employer letter giving notice of proposed restructure and inviting consultation not an announcement of insured’s retrenchment – his actual retrenchment announced after expiry of the six month […]

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CR386 Termination of contract/ retrenchment claim

CR386 Termination of contract/ retrenchment claim Termination of long-standing contract/retrenchment benefit claim/consideration of form of employment. The background of the matter is as follows: 1. Mr W was employed at a State Department as an independent contractor, through a consulting agency, from 1 April 2010 up to 30 March 2017, at which time his contract […]

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CR381 Loss of income claim – Covid19 – is a TERS/UIF payment considered “income” in terms of the policy definition

CR381 Loss of income claim – Covid19 – is a TERS/UIF payment considered “income” in terms of the policy definition Background: 1. The policy commenced on 27 November 2017, after the National Credit Act (NCA) Regulations of August 2017 were promulgated. 2. The Policy stated: If you become Unemployed or if you are Unable to […]

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CR354 Credit insurance / Retrenchment

CR354 Credit insurance / Retrenchment Credit insurance – complainant dismissed from employment for alleged misconduct – insurer’s liability excluded in case of “fair dismissal” – complainant proving his dismissal was unfair – exclusion only came into play if policyholder retrenched, or lost income while self-employed or engaged in protected strike Background 1. The complainant was […]

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CR353 Credit insurance / Retrenchment / Equity

CR353 Credit insurance / Retrenchment / Equity Credit insurance – claim under credit life policy for retrenchment benefit – insurer repudiating on grounds that termination for misconduct excluded – reason appeared to be incapacity rather than misconduct – whether termination in these circumstances amounted to retrenchment – equity Background 1. The complainant took out a […]

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CR350 Credit insurance / Retrenchment Credit insurance

CR350 Credit insurance / Retrenchment Credit insurance – claim under credit life policy for retrenchment benefit – insurer repudiating on grounds of exclusion for voluntary retrenchment – dispute of fact as to whether retrenchment was voluntary – insurer eventually accepting complainant’s version Background 1. The complainant claimed against his credit protection policy when his employment […]

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CR344 Retrenchment Retrenchment claim – insurer’s liability excluded if life insured

CR344 Retrenchment Retrenchment claim – insurer’s liability excluded if life insured “self-employed or employed in a family-owned business” – complainant retrenched from employment in a business run by a family trust – whether exclusion applicable Background 1. The complainant had a credit card balance protection policy. He was employed as a farm manager by a […]

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CR332 Credit insurance Credit insurance – claim under credit life policy for retrenchment benefit

CR332 Credit insurance Credit insurance – claim under credit life policy for retrenchment benefit – exclusion if insured not in full time employment for 6 months before notification date of retrenchment – not applicable on the facts of this case Background 1. The complainant had an account protection plan policy, commencing on 23 September 2008, […]

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CR331 Credit insurance Claim under credit life policy for retrenchment benefit

CR331 Credit insurance Claim under credit life policy for retrenchment benefit – insurer invoking exclusion in case of acceptance of voluntary retrenchment – circumstances of case not constituting voluntary retrenchment Background 1. The complainant was employed by a hair and beauty salon. On 28 February 2012 her employer gave her a letter advising that she […]

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CR330 Credit insurance – claim under credit life policy for retrenchment benefit

CR330 Credit insurance Credit insurance – claim under credit life policy for retrenchment benefit – expiry of a renewable contract not grounds for excluding liability Background 1. The complainant had a “credit card debt protection” policy affording him life, disability and retrenchment cover in respect of his credit card agreement. 2. The complainant was employed […]

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