Truck driver denied pension fund after falling asleep behind the wheel wins legal victory

In a legal victory a truck driver who was denied his pension fund after he fell asleep behind the steering wheel and overturned, has been allowed to access his pension fund.

Wonderboy Shasha worked for Anderson Transport Dienste as a truck driver from July 2024 to March 2025.

He was dismissed for falling asleep behind the steering wheel while driving, which subsequently led to the vehicle to overturn. At the time of his dismissal, Shasha was a member of the Sanlam Provident Fund.

Following his dismissal, he made an attempt to withdraw his pension fund, but the employer refused to give Sanlam the go-ahead to release the funds as there was a pending dispute regarding his dismissal. 

Shasha sought relief from the Pension Fund Adjudicator, and Sanlam was ordered to accept the withdrawal claim form without the stamp and signature of his employer.

In an effort to overturn the decision, the employer sought relief from the Financial Service Tribunal and argued that it was entitled to withhold the withdrawal benefit until the finalisation of the dispute before the bargaining council.

Judge Frans Legodi presided over the matter and noted that in terms of Sanlam's special rule, if a member’s service with the employer is terminated before their normal retirement date and they are not entitled to a retirement benefit, they are at least entitled to a share they contributed as a member.

Legodi said the company wants to avoid this rule as they argued that by placing the payment on hold, it would offer protection to both parties, and the delay does not prejudice Shasha. His interests are not harmed by withholding payment until the finalisation of the labour matter.

However, he noted that the company's argument cannot be used because the issue must be decided in accordance with the provisions of the rule that has been made; anything contrary to that will be done without legal authority.

"The rule is derived from the constitution of Sanlam. It does not afford Sanlam legal power or authority to act contrary to its provisions, and neither the adjudicator nor this tribunal may depart from the imperative rule. The application is therefore destined to be dismissed," he said.

Consequently, the application for reconsideration was dismissed.

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