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Labour Law [2024] ZAGPPHC 454

Mothabane v Scaw Metals Group (10325/17)

Mothabane v Scaw Metals Group (10325/17) [2024] ZAGPPHC 454 (21 May 2024)

Court
North Gauteng High Court, Pretoria
Case number
10325/17
Judge
M Meyer

The court held that section 35(1) of the Compensation for Occupational Injuries and Diseases Act precludes the plaintiff from claiming damages against his employer for an occupational injury. The plaintiff's reliance on constitutional rights and the Minister of Defence and Military Veterans v Thomas case was misplaced, as the facts were distinguishable and did not support a claim against the employer for damages. The statutory regime provides comprehensive compensation for occupational injuries, replacing common law remedies. The defendant's alleged failure to report the accident or assist wi…

Source excerpt

  • Compensation For Occupational Injuries
  • Section 35 Limitation
  • Exception Procedure
  • Common Law Vs Statutory Remedy
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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