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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

September 7, 2026

The previous article dealt with the distinction between misconduct constituting desertion and misconduct constituting abscondment – see, further, in this regard, Okhahlamba Local Municipality v Mabuya (2021) 32 SALLR 12 (LC).

In this article, what we attempt to do is provide some clarity as to a very different misconduct, namely, the misconduct of deeming desertion.

August 31, 2026

What is the difference between desertion and abscondment?

August 17, 2026

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?