Minnies v Ayshlie and Another (23032/2014)
Minnies v Ayshlie and Another (23032/2014) [2021] ZAWCHC 24 (12 February 2021)
The court found that while the plaintiff's injuries were sustained in the course of his employment, they did not arise out of his employment as required by COIDA section 35(1). The risk of being shot by a police officer playing with a firearm is not an incidental risk attaching to employment as a cleaner at a police station. The court distinguished the facts from Minister of Justice v Khoza, where the injured party was a police constable engaged in armed duties. Here, the plaintiff's duties did not involve firearms or exposure to such risks. The Minister failed to discharge the onus of provin…
Source excerpt
- Vicarious Liability
- Compensation For Occupational Injuries Act
- Special Plea
- Occupational Injury Definition
- Exclusivity Doctrine