A recent legal decision has dealt a significant blow to Anderson Transport Dienste after the company attempted to block a former employee from accessing his pension fund following his dismissal. The tribunal ruling has been hailed as a victory for workers’ rights in the road freight sector, particularly for truck drivers who often face harsh disciplinary actions and financial vulnerability.
Wonderboy Shasha was employed as a truck driver by Anderson Transport from July 2024 until March 2025. His employment was terminated after he reportedly fell asleep behind the steering wheel and overturned the truck. At the time of dismissal, he was an active member of the Sanlam Provident Fund.
Following his dismissal, Shasha submitted a withdrawal request to access his pension fund. However, Anderson Transport refused to approve the application, insisting that the funds should be withheld pending the outcome of a dispute before the bargaining council. As a result, Sanlam declined to process payment without the company’s authorisation.
Shasha sought relief through the Pension Fund Adjudicator, who ordered Sanlam to proceed with the withdrawal without needing the employer’s signature or stamp. In an attempt to overturn that decision, Anderson Transport approached the Financial Services Tribunal, arguing that withholding the benefit would protect both parties and would not prejudice Shasha.
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The matter was presided over by Judge Frans Legodi. He clarified that in terms of Sanlam’s special rules, any member whose employment is terminated before retirement, and who is not entitled to a retirement benefit, is still entitled to their own contributions. The company’s attempt to stall payment, he noted, lacked lawful authority.
Legodi ruled that the rule is binding and cannot be overridden by any party. He concluded that the application for reconsideration was destined to fail, and dismissed it.
A harsh lesson for a company whose motto reads We set the standard. In this case, the standard was set by the law, not by the employer.
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