Van De Venter v MEC of Education: Free State Province (3545/2010)
Van De Venter v MEC of Education: Free State Province (3545/2010) [2012] ZAFSHC 185 (4 October 2012)
The court found that the applicant's claim for delictual damages against her employer was barred by section 35 of the Compensation for Occupational Injuries and Diseases Act, which provides an exclusive statutory remedy for occupational injuries. The applicant's injuries, sustained during the course of her employment as a result of a criminal act, constituted an occupational injury as defined by the Act. The applicant's delay in giving statutory notice was not justified by her explanations, and her proposed action had no prospects of success. Even if section 35 did not apply, the facts did no…
Source excerpt
- Condonation For Non Compliance
- Institution Of Legal Proceedings Against Organs Of State
- Occupational Injury
- Compensation For Occupational Injuries
- Prescription
- Statutory Bar To Delictual Claims