Sanan v Eskom Holdings Limited (2010/16004)
Sanan v Eskom Holdings Limited (2010/16004) [2010] ZAGPJHC 90; 2010 (6) SA 638 (GSJ) (7 October 2010)
Section 35 of the Compensation for Occupational Injuries and Diseases Act No 130 of 1993 creates a complete statutory bar to any civil claim for damages by an employee against an employer for occupational injury or disease. The plaintiff's claim, based on alleged negligence resulting in mesothelioma, falls squarely within the ambit of the Act, which provides compensation for such occupational diseases. The Supreme Court of Appeal in Mankayi v AngloGold Ashanti Ltd authoritatively confirmed that the statutory bar applies even where the employee may not be entitled to compensation under COIDA,…
Source excerpt
- Occupational Disease
- Statutory Bar
- Compensation For Injuries
- Exception Vs Special Plea