South Africa Case Law

Minister of Defence and Military Veterans v Thomas (CCT168/14)

Minister of Defence and Military Veterans v Thomas (CCT168/14) [2015] ZACC 26; 2016 (1) SA 103 (CC); (2015) 36 ILJ 2751 (CC); 2015 (10) BCLR 1172 (CC) (25 August 2015)

Court

Constitutional Court

Case number

CCT 168/14

Judges

Mogoeng, Moseneke, Cameron, Froneman, Jafta, Khampepe, Madlanga, Molemela, Nkabinde, Theron, Tshiqi

The Constitutional Court held that, for purposes of the Compensation for Occupational Injuries and Diseases Act, the employer is the appointing authority within the relevant sphere of government, not the State as a single entity. The Act's definition of 'employer' and related provisions, including sections 39(2) and 84(1), indicate that the heads of departments in national and provincial government are individually liable as employers. The Court found that the Minister's interpretation, which would treat the State as a single employer and preclude Dr Thomas's claim for workplace damages, is n…

Source excerpt

• Compensation For Occupational Injuries Act
• Definition Of Employer
• Bodily Integrity
• Workplace Damages
• Bill Of Rights Limitation
• Public Service Act Interpretation