South Africa Case Law

Ndiki v MEC for Education, Eastern Cape Province (128/2014)

Ndiki v MEC for Education, Eastern Cape Province (128/2014) [2024] ZAECBHC 25 (3 September 2024)

Court

Eastern Cape High Court, Bhisho

Case number

128/2014

Judge

NJ Mullins

The court found that while the plaintiff was on duty and performing his duties as an educator when stabbed by a learner, the assault did not arise out of or was incidental to his employment. The role of an educator is to educate learners, and while managing unruly behaviour is incidental to employment, being assaulted by a disgruntled learner is not a risk inherent or incidental to the duties of an educator. The incident was not an accident as defined by COIDA, and thus the plaintiff is not precluded from pursuing a damages claim against his employer. The defendant's special plea based on COI…

Source excerpt

• Compensation For Occupational Injuries And Diseases Act
• Scope Of Employment
• Special Plea
• Workplace Assault
• Personal Injury

NUMSA obo Mapomav v Videx Mining Products (Pty) Ltd (JR2341-19)

NUMSA obo Mapomav v Videx Mining Products (Pty) Ltd (JR2341-19) [2024] ZALCJHB 75 (21 February 2024)

Court

Labour Court Johannesburg

Case number

JR2341-19

Judge

N Makopo

Labour Court review dismissed after finding no inconsistency in discipline and that dismissal was substantively fair for workplace assault.

• Substantive Fairness Of Dismissal
• Workplace Assault
• Disciplinary Inconsistency
• Evidentiary Burden
• Sanction Appropriateness
• Labour-law

Booysen v City of Cape Town and Others (C163/2019)

Booysen v City of Cape Town and Others (C163/2019) [2022] ZALCCT 36 (6 July 2022)

Court

Labour Court Cape Town

Case number

C163/2019

Judge

Lagrange

The Labour Court granted condonation but dismissed a review of a dismissal for workplace assault, finding no reviewable irregularity in the arbitrator’s award.

• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Condonation
• Workplace Assault
• Labour-law

Churchill v Premier of Mpumalanga and Another (889/2019)

Churchill v Premier of Mpumalanga and Another (889/2019) [2021] ZASCA 16; [2021] 2 All SA 323 (SCA); (2021) 42 ILJ 978 (SCA); [2021] 6 BLLR 539 (SCA); 2021 (4) SA 422 (SCA) (4 March 2021)

Court

Supreme Court of Appeal

Case number

889/2019

Judges

Ponnan, Wallis, Saldulker, Carelse, Kgoele

The SCA held that a workplace assault during a union protest did not arise out of the employee’s employment, so COIDA did not bar her delictual claim.

• Compensation For Occupational Injuries And Diseases Act
• Employer Liability
• Vicarious Liability
• Workplace Assault
• Psychiatric Injury
• Coida