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The material facts. Clause 3.
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The retirement age is contentious and I will fully deal with it infra. The Applicant responded to this and indicated that his retirement age is 65 and that it could not be changed unilaterally, as it would constitute a breach of contract. Relief sought.
Retirement age. The retirement age was changed by way of the Policy from 65 to 60 years. Expressly entitled to retire at 65 in terms of their individual contracts of employment with Legal Aid SA; or. The Applicant argued that the savings clause made the new retirement age inapplicable to him.
Karen Theunissen
The savings clause. If that is so, there would have been no need to insert clause 3. If the intention was to exclude everyone who had a retirement age of 65 at the time the change was introduced in , the Policy would simply have said so. It was held at paragraph 18 that:. Whatever the nature of the document, consideration must be given to the language used in the light of the ordinary rules of grammar and syntax; the context in which the provision appears; the apparent purpose to which it is directed and the material known to those responsible for its production.
Where more than one meaning is possible each possibility must be weighed in the light of all these factors. The process is objective, not subjective. A sensible meaning is to be preferred to one that leads to insensible or unbusinesslike results or undermines the apparent purpose of the document…. The "inevitable point of departure is the language of the provision itself" read in context and having regard to the purpose of the provision and the background to the preparation and production of the document….
An interpretation will not be given that leads to impractical, unbusinesslike or oppressive consequences or that will stultify the broader operation of the legislation or contract under consideration. There are 3 ways to get from Welkom to Theunissen by bus, taxi or car Select an option below to see step-by-step directions and to compare ticket prices and travel times in Rome2rio's travel planner. Quickest way to get there Cheapest option Distance between.
Am I allowed to travel from Welkom to Theunissen? There are currently travel restrictions within South Africa. Explore options for future travel. Do I have to wear a face mask on public transport in Theunissen?
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Wearing a face mask on public transport in Theunissen is mandatory. Is it compulsory to practice social distancing in Theunissen? The social distance requirement in Theunissen is 2 metres. What is the cheapest way to get from Welkom to Theunissen? What is the fastest way to get from Welkom to Theunissen?
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Is there a direct bus between Welkom and Theunissen? How far is it from Welkom to Theunissen? The distance between Welkom and Theunissen is 48 km. The road distance is How do I travel from Welkom to Theunissen without a car? How long does it take to get from Welkom to Theunissen? The bus from Welkom to Theunissen takes 40 min including transfers and departs once daily. Where do I catch the Welkom to Theunissen bus from? Where does the Welkom to Theunissen bus arrive? Can I drive from Welkom to Theunissen? Launch map view. Bus operators.