South Africa Case Law

Schoonraad v Zulu (4289/2021)

Schoonraad v Zulu (4289/2021) [2024] ZAMPMHC 21 (2 April 2024)

Court

Middelburg High Court, Mpumalanga

Case number

4289/2021

Judge

Z Gumede

The court held that section 35(1) of COIDA clearly bars employees from instituting common law claims against their employers for occupational injuries. The plaintiff's claim for damages directly against the defendant is therefore bad in law. The defendant's failure to register the plaintiff under COIDA does not create a right for the plaintiff to sue the employer; the plaintiff may still claim compensation from the Commissioner, and the employer may be subject to a fine. The court found that the statutory limitation is constitutional and applicable, and the plaintiff's claim cannot succeed.

Source excerpt

• Statutory Bar To Common Law Claims
• Occupational Health And Safety Act
• Compensation For Occupational Injuries And Diseases Act
• Unemployment Insurance Fund
• Personal Injury
• Employer Liability

Van Wyk and Others v Minister of Employment and Labour (2022-017842)

Van Wyk and Others v Minister of Employment and Labour (2022-017842) [2023] ZAGPJHC 1213; [2024] 1 BLLR 93 (GJ); (2024) 45 ILJ 194 (GJ); 2024 (1) SA 545 (GJ) (25 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-017842

Judge

Sutherland DJP

The court found that the BCEA's parental leave provisions unfairly discriminate between mothers and fathers, and between different categories of parents (birth, adoptive, commissioning), in violation of sections 9 and 10 of the Constitution. The differentiation is not justified by physiological differences except for the period of recovery after childbirth, and the statutory scheme fails to recognise egalitarian family structures and equal caregiving roles. The restriction of adoption leave to children under two years is irrational. The statutory framework is inconsistent with the objectives…

Source excerpt

• Equality Clause
• Parental Leave
• Unfair Discrimination
• Basic Conditions Of Employment Act
• Unemployment Insurance Fund
• Human Dignity

Eastern Cape Transport Tertiary Co-Operative and Others v The National Director of Public Prosecutions and Others (2284/2021)

Eastern Cape Transport Tertiary Co-Operative and Others v The National Director of Public Prosecutions and Others (2284/2021) [2022] ZAECMKHC 25 (31 May 2022)

Court

Eastern Cape High Court, Makhanda

Case number

2284/2021

Judge

G.H. Bloem

The High Court dismissed an application to reconsider ex parte preservation orders over bank accounts linked to Covid-19 TERS funds, and ordered costs.

• Preservation Order
• Unemployment Insurance Fund
• Covid19 Relief Scheme
• Asset Forfeiture
• Good Faith
• Admissibility Of Evidence