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Compensation Commissioner v Badenhorst (CA 38/2021) [2022] ZAECGHC 1; (2022) 43 ILJ 1144 (ECG) (25 January 2022)
The High Court dismissed an appeal against a tribunal's award of 75% permanent disablement for PTSD under COIDA, holding the tribunal could make an equitable decision.
Knoetze v Rand Mutual Assurance (A3047/2021) [2022] ZAGPJHC 4; [2022] 2 All SA 458 (GJ); (2022) 43 ILJ 1153 (GJ) (12 January 2022)
The court held that the tribunal misinterpreted and misapplied sections 65(1)(a) and 66 of COIDA by requiring the appellant to prove a causal connection between his hearing impairment and his employment before the statutory presumption could operate. The evidence established that the appellant contracted a listed occupational disease (hearing impairment) while performing listed work (exposure to noise) over a 39-year mining career. This triggered the presumption in section 66, shifting the evidentiary burden to the respondent to prove that the disease did not arise out of and in the course of…
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Liebenberg v Mbekwa and Others (JR2899/09) [2014] ZALCJHB 385 (9 October 2014)
The Labour Court found that the arbitrator failed to apply National Instruction 2 of 2004 together with Resolution 7 of 2000, resulting in a gross irregularity. The arbitrator ignored material evidence, including medical reports and procedural requirements, and did not properly consider the applicant's entitlement to paid leave for occupational disease. The respondent's failure to follow proper procedures and provide the applicant with relevant policy documents contributed to an unreasonable award. The Court held that the applicant was entitled to reinstatement of her salary from 8 April 2008…
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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,…
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Urquhart v Compensation Commissioner (ECJ 072/2005) [2005] ZAECHC 32; [2006] 2 All SA 80 (E); [2006] 1 BLLR 96 (E); 2006 (1) SA 75 (E); (2006) 27 ILJ 96 (E) (9 September 2005)
The court held that PTSD from cumulative work stressors can qualify as an accident under the Act, and allowed the compensation appeal on the merits.
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