Author:albert-mushai

Workers’ compensation for sexual harassment?

Workers’ compensation for sexual harassment? 12th December 2024 An academic article, “The Application of the Compensation for Injuries and Diseases Act to Impairment Caused by Sexual Harassment”, was published recently, addressing the question of whether workers’ compensation is payable to someone who has been subjected to sexual harassment.  The article focuses on two cases – MEC for the Department of Health v Dr N (ZASCA 2014 167) and Churchill v Premier, Mpumalanga (ZASCA 2014 16) – which did not actually […]

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The ever-expanding scope of criminal liability

The ever-expanding scope of criminal liability 4th October 2024 This series has aimed to provide a brief discussion of criminal liability arising from occupational accidents and diseases. The topic has gained significance as criminal liability, particularly charges of culpable homicide (or manslaughter in other parts of the world), was historically rare in occupational accidents. However, as we noted in an earlier article, criminal charges are now appearing with increasing frequency. Upon deeper examination, this phenomenon proves to be far more […]

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NZ boards the criminal justice bandwagon

NZ boards the criminal justice bandwagon 16th August 2024 An unsettling trend is emerging in the modern workplace. While great strides have been made to manage occupational hazards through workers’ compensation, a new and potentially more sinister risk now looms over both employers and employees … The general purpose of this series is to discuss workers’ compensation, with the more recent articles having dealt with the criminal justice system. It is rational to ask how we get from one to […]

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It no longer matters who pulled the trigger!

It no longer matters who pulled the trigger! 31st May 2024 This series of articles on criminal law was inspired by several incidents in the UK, including occupational accidents, which resulted in criminal convictions. Historically this was rare; accidents are – as the word implies – accidental. The metamorphosis of the criminal law seems, however, to be an increasing trend. Historically, because of workers’ compensation, there have not even been civil cases – let alone criminal cases – on accidents […]

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Across the pond

Across the pond 5th April 2024 In the previous article we expressed concern about the UK’s criminal justice system, but this is not about finding fault with Great Britain; this series aims to highlight deficiencies of the criminal justice system of the West. To drive this point home, we shift our focus across the pond to take a look at the US. The previous article showed that in recent years a significant number of people were found guilty of crimes […]

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How the west is being lost

How the west is being lost 8th February 2024 The criminal justice system is important in the case of occupational injuries. If someone is killed in an accident, it could result in a criminal prosecution; breaching a regulation may lead to the same result. Serious concerns are appearing, however, concerning the application of the world’s criminal justice systems to occupational health and safety (OHS) cases. If one looks objectively at what is happening in the world, one must be concerned […]

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Hearing loss: a valid compensation claim?

Hearing loss: a valid compensation claim? 18th October 2023 The case of Knoetze v Rand Mutual Assurance 2022 is interesting to discuss for several reasons. Firstly, it involves a claim for noise induced hearing loss (NIHL), secondly it is a workers’ compensation claim, thirdly it involves a decision by a tribunal, and finally it involves a decision by the High Court. Conceptually, hearing loss does not fit the mould of a workers’ compensation claim. Broadly speaking, workers’ compensation was introduced […]

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Legal developments may have ripple effect 

Legal developments may have ripple effect  5th September 2023 Our columnists highlight some recent developments in British criminal law and workers’ compensation that raise compelling questions.   The UK press has lately reported on some interesting criminal cases. One case involved a fatal collision between an 84-year-old pensioner motorist and a cyclist. The pensioner was driving into the setting sun when the accident occurred; the cyclist was killed.  According to the press, the pensioner had been for an eye test […]

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Contextualising the recent COIDA amendment

Contextualising the recent COIDA amendment 30th May 2023 Workers’ compensation has a long history, both in South Africa and abroad. Despite this long legislative history, the current Workers’ Compensation Act – governed in South Africa by the Compensation for Occupational Diseases Act (COIDA) of 1993 – has not often been amended, until now. In this article, our columnists take a look at the background of this amendment. It is useful to first record the legislative history of the Workers’ Compensation […]

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Are there other options out there?

Are there other options out there? 28th Mar 2023 Against the backdrop of increasing unreliability of government services, thought should be given to finding alternative arrangements to those provided by government. Are there other potential options to state provided workers’ compensation? As things stand, regular reports are suggesting that the Compensation Fund – a state entity responsible for insuring employees injured at work – is no longer as efficient as it used to be in providing this service. Reports of […]

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