Solomons v Minister of Labour (5910/2008) [2012] ZAWCHC 56 (29 February 2012)

Solomons v Minister of Labour (5910/2008) [2012] ZAWCHC 56 (29 February 2012)

The court held that section 35 of COIDA expressly excludes the right to claim common-law damages for occupational injuries, limiting compensation to the statutory scheme provided by the Act. The plaintiff's claim, as pleaded, was for damages not permitted under COIDA. The plaintiff did not exhaust the statutory remedies available, such as objecting to the Director-General's award or seeking review under section 90(1)(d). The notice sent under Act 40 of 2002 did not constitute an objection or review under COIDA. The occupational therapist's report did not support the plaintiff's assertion of 100% disability, and the injury did not fall within the relevant schedules for full disability...

Citation
[2012] ZAWCHC 56
Parties
Plaintiff: Abdullatief Solomons; Defendant: Minister of Labour, nomine officio
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
29 February 2012
Case Number
5910/2008
Procedural Posture
Civil Trial / Special Plea
Outcome
Special plea upheld with costs against the plaintiff.
Judges
Saba
Legal Topics
Compensation for Occupational Injuries and Diseases Act, Common Law Exclusion, Exhaustion of Statutory Remedies, Special Plea, Medical Expenses Claim
Labour Law Civil Procedure Compensation for Occupational Injuries and Diseases Act Common Law Exclusion Exhaustion of Statutory Remedies Special Plea Medical Expenses Claim

Case Brief

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Parties

Abdullatief Solomons

Plaintiff

Minister of Labour, nomine officio

Defendant

Procedural Posture

Civil Trial / Special Plea

Legal Issues

  1. 1 Whether the plaintiff is entitled to institute a claim for pecuniary loss by way of damages against the defendant.
  2. 2 Whether the plaintiff failed to exhaust the statutory remedies available in terms of COIDA.

Ratio Decidendi

The court held that section 35 of COIDA expressly excludes the right to claim common-law damages for occupational injuries, limiting compensation to the statutory scheme provided by the Act. The plaintiff's claim, as pleaded, was for damages not permitted under COIDA. The plaintiff did not exhaust the statutory remedies available, such as objecting to the Director-General's award or seeking review under section 90(1)(d). The notice sent under Act 40 of 2002 did not constitute an objection or review under COIDA. The occupational therapist's report did not support the plaintiff's assertion of 100% disability, and the injury did not fall within the relevant schedules for full disability...

Court Disposition

Special plea upheld with costs against the plaintiff.

Orders

  • The special plea is upheld with costs.