Article 3/2022

In Erasmus v Dr Beyers Naude Local Municipality and Jack (2021) 32 SALLR 6 (ECG), the high court applied delictual principles within an employment environment.  What are the requirements to es

tablish a delict in this regard?

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  • firstly, a delict consists of the wrongful and culpable conduct causing patrimonial damage (pecuniary damage) – such culpable conduct can be either negligent or intentional.  The actio legis aquiliae principles are applicable

secondly, a delict consists of the wrongful and intentional infringement of an interest of personality – resulting in the recovery of sentimental damages (solatium).  The actio iniuriarum principles are so applicable

How should an employee be dealt with if tested positive for being under the influence of cannabis?

Has the decriminalisation of the use of cannabis in private surroundings had any effect on the
approach to be adopted?

How should an employee be dealt with if tested positive for being under the influence of cannabis?

Has the decriminalisation of the use of cannabis in private surroundings had any effect on the
approach to be adopted?

How should an employee be dealt with if tested positive for being under the influence of cannabis?

Has the decriminalisation of the use of cannabis in private surroundings had any effect on the
approach to be adopted?