Occupational injury or disease Archives

Incapacity related termination: Injured on duty in mine

by GilesFiles | Feb 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Courts, Declaratory, Evidence & onus, Illness & injury, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Management, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Total permanent disability: PTSD after being shot

by GilesFiles | Apr 14, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Remoteness and damages claim: Exception disallowed

by GilesFiles | Sep 2, 2022 | 2020 onwards, Applications, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Government, HC Uniform, High Court, High Court judges, Judges, Legal Practice, Legislation, Management, Orders, Parties, Pleadings: amending, Protectable interests, Public policy, Roman Dutch law, Rules Codes & Manual, Sectors, State organs, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Post-Traumatic Stress Disorder: Awarding percentage power

by GilesFiles | Jan 25, 2022 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Common law, Costs, Costs awarded, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Review tests, Sectors, Special pleas, State organs, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Rebuttable presumption explained: Wok disease

by GilesFiles | Jan 12, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Regulations, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Intoxicated senior management: Occupational accident?

by GilesFiles | Mar 19, 2021 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Courts, Evidence & onus, Exceptions/special pleas, General, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Management, Orders, Protectable interests, Public policy, Roman Dutch law, Special pleas, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Injury related dismissal: Valid and fair reason

by GilesFiles | Aug 15, 2019 | 2019, Conduct & capacity, Courts, Illness & injury, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Acute post-traumatic stress: Assault during protest

by GilesFiles | May 23, 2019 | 2019, Causes and defences, Courts, Declaratory, Delict, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, philosophy / economics, Provincial, Sectors, Special pleas, Statutes (LRL 2)-work, Topics, Vicarious liability | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Occupational injuries examined: Claims against State?

by GilesFiles | Aug 25, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, JC Froneman, Judges, Landmark judgments, Statutes (LRL 2)-work, Topics, Words & phrases | 1 |

Minister of Defence and Military Veterans v Thomas (CCT168/14) [2015] ZACC 26 (2015) ILJ 2751 ; [2015] JOL 33707 (25 August 2015) per Froneman J (Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Molemela AJ,...

Employment risks doctors: Doctor seriously assaulted

by GilesFiles | Oct 8, 2014 | 2014 and earlier, Courts, Judges, philosophy / economics, Risks, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal | 1 |

Whilst working in a provincial hospital a registrar intending to specialise as a paediatrician was raped. Clearly the doctor has a common law claim against the Department of Health. But then she must prove fault and the extent...

Duty of care: Employee denied claim for damages

by GilesFiles | Mar 31, 2010 | 2014 and earlier, Appeals, Causes and defences, Contractual breach, Courts, Judges, Legal Practice, Legislation, Parties, Private enterprises, Regulations, Retired judges, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

In Mankayi v AngloGold Ashanti (126/2009) [2010] ZASCA 46 (31 March 2010) the SCA disallowed the mine worker’s appeal against the upholding of that exception by the lower court. A mine worker claimed that he was employed...

Tag: Occupational injury or disease