Wolfaardt v Mandre Beleggings CC t/a Zenex Jean Avenue (1944/2012) [2014] ZAGPPHC 384 (19 June 2014)

Wolfaardt v Mandre Beleggings CC t/a Zenex Jean Avenue (1944/2012) [2014] ZAGPPHC 384 (19 June 2014)

The court found that the second defendant's assault on the plaintiff was a personal act of aggression, motivated by vindictiveness and not connected to his duties as a cashier. The conduct was expressly prohibited by the employer's disciplinary code, and there was no sufficiently close link between the wrongful act and the business of the employer. The deviation from employment duties was substantial in nature, and the failure to discipline the second defendant after a prior incident did not create vicarious liability. The court held that the first defendant could not be held vicariously liable for the conduct of the second defendant, as the assault was not a mode of performing authorized...

Citation
[2014] ZAGPPHC 384
Parties
Plaintiff: Johan Wolfaardt; Defendant: Mandre Beleggings CC t/a Zenex Jean Avenue; Defendant: Bethuel Folegang Makgati
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 June 2014
Case Number
1944/12
Procedural Posture
Civil Trial / Separation of Issues; Determination of Vicarious Liability Only
Outcome
Plaintiff's claim dismissed; costs awarded to the first defendant.
Judges
TM Masipa
Legal Topics
Vicarious Liability, Assault, Course and Scope of Employment, Deviation Cases, Disciplinary Code, Damages
Delict Civil Procedure Vicarious Liability Assault Course and Scope of Employment Deviation Cases Disciplinary Code Damages

Case Brief

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Parties

Johan Wolfaardt

Plaintiff

Mandre Beleggings CC t/a Zenex Jean Avenue

Defendant

Bethuel Folegang Makgati

Defendant

Procedural Posture

Civil Trial / Separation of Issues; Determination of Vicarious Liability Only

Legal Issues

  1. 1 Whether the first defendant is vicariously liable for the assault committed by the second defendant on the plaintiff.
  2. 2 Whether the conduct of the second defendant was sufficiently connected to his employment duties to render the first defendant liable.
  3. 3 Whether the failure to discipline the second defendant after a prior assault is relevant to vicarious liability.

Ratio Decidendi

The court found that the second defendant's assault on the plaintiff was a personal act of aggression, motivated by vindictiveness and not connected to his duties as a cashier. The conduct was expressly prohibited by the employer's disciplinary code, and there was no sufficiently close link between the wrongful act and the business of the employer. The deviation from employment duties was substantial in nature, and the failure to discipline the second defendant after a prior incident did not create vicarious liability. The court held that the first defendant could not be held vicariously liable for the conduct of the second defendant, as the assault was not a mode of performing authorized...

Court Disposition

Plaintiff's claim dismissed; costs awarded to the first defendant.

Orders

  • The plaintiff's claim is dismissed.
  • The plaintiff is ordered to pay costs, including costs of senior counsel.