(a) in the case of a MEMBER who retires in of Rule 3.4 (1) (a) or 3.4 (1)(d) above, such PENSION shall be increased by- (i) one-third of the period of the MEMBER'S PENSIONABLE SERVICE; or the period between the date on the MEMBER so retires and the date on which the MEMBER would have attained the NORMAL RETIREMENT AGE; or a period of five years, whichever is the shortest;’. The relevant events and correspondence [5] In October 2009 the board of the applicant decided to declare its internal audit unit where the second and third respondents were employed redundant. [6] On 3 November 2009 (according to the date stamp on the relevant documents) the applicant’s senior manager for human resources, Mr Hamwele, completed a for ‘request quotation’ form in respect of the second respondent to request the first respondent to provide a quotation of the second respondent’s pension benefits. The form makes provision for the type of quotation to be indicated. The pre-printed options on the form are: Cash’, Transfer’, Retirement’, Retirement’, ‘Resignation ‘Resignation ‘Normal ‘Early Retirement’, Retirement’ and Next to the word the ‘Ill-health ‘Disability ‘Other’. ‘Other’ words were inserted. On the same date the applicant’s ‘Redundancy/Retrenchment’ human capital officer, Ms Iyambo, completed the same form in respect of the third respondent. The type of quotation requested was for On both forms the ‘Retrenchment’. last working date was indicated to be 31 December 2009. [7] On 12 November 2009 the applicant’s manager director addressed a letter (hereinafter redundancy letter’) to each of the second and third respondents. The ‘the relevant part of the letter reads as follows:
(a) in the case of a MEMBER who retires in of Rule 3.4 (1) (a) or 3.4 (1)(d) above, such PENSION shall be increased by- (i) one-third of the period of the MEMBER'S PENSIONABLE SERVICE; or the period between the date on the MEMBER so retires and the date on which the MEMBER would have attained the NORMAL RETIREMENT AGE; or a period of five years, whichever is the shortest;’. The relevant events and correspondence [5] In October 2009 the board of the applicant decided to declare its internal audit unit where the second and third respondents were employed redundant. [6] On 3 November 2009 (according to the date stamp on the relevant documents) the applicant’s senior manager for human resources, Mr Hamwele, completed a ‘request for quotation’ form in respect of the second respondent to request the first respondent to provide a quotation of the second respondent’s pension benefits. The form makes provision for the type of quotation to be indicated. The pre-printed options on the form are: ‘Resignation Cash’, ‘Resignation Transfer’, ‘Normal Retirement’, ‘Early Retirement’, ‘Ill-health Retirement’, ‘Disability Retirement’ and ‘Other’. Next to the word ‘Other’ the words ‘Redundancy/Retrenchment’ were inserted. On the same date the applicant’s human capital officer, Ms Iyambo, completed the same form in respect of the third respondent. The type of quotation requested was for ‘Retrenchment’. On both forms the last working date was indicated to be 31 December 2009. [7] On 12 November 2009 the applicant’s manager director addressed a letter (hereinafter ‘the redundancy letter’) to each of the second and third respondents. The relevant part of the letter reads as follows:
Namibia%20Wildlife%20Resorts%20Ltd%20v%20Government%20Institutions%20Pensions%20Fund%20(A323-2010)%20[2014]%20NAHCMD%20379%20(9%20December%202014).docx