Collins v Serco Industries (Pty) Ltd (6236/2007) [2008] ZAKZHC 30 (29 January 2008)

Collins v Serco Industries (Pty) Ltd (6236/2007) [2008] ZAKZHC 30 (29 January 2008)

The court held that while section 35(1) of the Compensation for Occupational Injuries and Diseases Act generally bars claims by dependants against employers for occupational injuries or death, there exists a potential exception where the injury or death results from the employer's deliberate wrongdoing. The plaintiff's pleadings allege that the defendant and its employees deliberately acted wrongfully and unlawfully, which, if proven, could remove the case from the ambit of the statutory bar. The court determined that the interests of justice require that the issue be ventilated through oral evidence to ascertain whether the facts indeed support the exception. Accordingly, the...

Citation
[2008] ZAKZHC 30
Parties
Plaintiff: Bernice Violet Collins; Defendant: Serco Industries (Pty) Ltd
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
29 January 2008
Case Number
6236/2007
Procedural Posture
Civil Procedure / Special Plea Argument
Outcome
The determination of the issue raised in the special plea is deferred for oral evidence to be heard. Costs are reserved.
Judges
Ntshangase
Legal Topics
Compensation for Occupational Injuries and Diseases Act, Special Plea, Deliberate Wrongdoing, Common Law Exception, Dependants Claim, Workplace Death
Civil Procedure Labour Law Delict Compensation for Occupational Injuries and Diseases Act Special Plea Deliberate Wrongdoing Common Law Exception Dependants Claim +1 more

Case Brief

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Parties

Bernice Violet Collins

Plaintiff

Serco Industries (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Special Plea Argument

Legal Issues

  1. 1 Whether section 35(1) of the Compensation for Occupational Injuries and Diseases Act bars the plaintiff's claim for damages against the employer.
  2. 2 Whether deliberate wrongdoing by the employer removes the case from the ambit of section 35(1) of the Act.
  3. 3 Whether the facts pleaded by the plaintiff constitute an exception to the statutory bar.

Ratio Decidendi

The court held that while section 35(1) of the Compensation for Occupational Injuries and Diseases Act generally bars claims by dependants against employers for occupational injuries or death, there exists a potential exception where the injury or death results from the employer's deliberate wrongdoing. The plaintiff's pleadings allege that the defendant and its employees deliberately acted wrongfully and unlawfully, which, if proven, could remove the case from the ambit of the statutory bar. The court determined that the interests of justice require that the issue be ventilated through oral evidence to ascertain whether the facts indeed support the exception. Accordingly, the...

Court Disposition

The determination of the issue raised in the special plea is deferred for oral evidence to be heard. Costs are reserved.

Orders

  • The determination of the issue raised in the special plea is deferred for oral evidence to be heard.
  • Costs are reserved.