Ongevallekommissaris v Olivier (317/94) [1995] ZASCA 116 (26 September 1995)

Ongevallekommissaris v Olivier (317/94) [1995] ZASCA 116 (26 September 1995)

The court held that the respondent's attendance at the military Christmas function was compulsory and formed part of her official duties. Fetching her children was a necessary incident to fulfilling this duty, as the function was primarily aimed at children and morale-building for military families. The accident occurred during working hours, with the respondent having obtained permission from her superior. The statutory definition of 'arising out of and in the course of employment' is broad and includes such incidents. The respondent's injury thus qualifies for compensation under the Workmen's Compensation Act. The appeal was dismissed and the respondent's entitlement to compensation...

Citation
[1995] ZASCA 116
Parties
Appellant: Ongevallekommissaris; Respondent: Isabella Anna Olivier
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 September 1995
Case Number
317/94
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
Appeal dismissed with costs; respondent entitled to compensation under the Workmen's Compensation Act.
Judges
E M Grosskopf, Vivier, Van den Heever, Harms, Olivier
Legal Topics
Workmen S Compensation, Arising Out of and in the Course of Employment, Statutory Interpretation
Labour Law Workmen S Compensation Arising Out of and in the Course of Employment Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Ongevallekommissaris

Appellant

Isabella Anna Olivier

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the respondent's injuries sustained while fetching her children for a compulsory military Christmas function qualify as an accident arising out of and in the course of her employment under the Workmen's Compensation Act.
  2. 2 Whether the respondent was entitled to compensation under the statute given the circumstances of her injury.

Ratio Decidendi

The court held that the respondent's attendance at the military Christmas function was compulsory and formed part of her official duties. Fetching her children was a necessary incident to fulfilling this duty, as the function was primarily aimed at children and morale-building for military families. The accident occurred during working hours, with the respondent having obtained permission from her superior. The statutory definition of 'arising out of and in the course of employment' is broad and includes such incidents. The respondent's injury thus qualifies for compensation under the Workmen's Compensation Act. The appeal was dismissed and the respondent's entitlement to compensation...

Court Disposition

Appeal dismissed with costs; respondent entitled to compensation under the Workmen's Compensation Act.

Orders

  • The appeal is dismissed with costs.
  • The appellant must pay the respondent's costs incurred before the Compensation Commissioner.