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Article 3/2023

An employee has a pre-existing injury. However, subsequently, he was involved in an accident at work which caused further injury.

Does the pre-existing injury affect compensation claimed by the employee for the latter injury?

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In Department of Labour: Compensation Commissioner v Botha (2022) 3 SALLR 17 (SCA), it is
submitted that the supreme court of appeal adopted the following correct approach:

  • the question to be determined is whether there is a causal connection between the subsequent
    accident and the disability
  • in order to determine whether or not such causal link is established, the approach adopted in
    Basson v Ongevallekommissaris [2000] 1 All SA 67 (C) is to be followed, entailing that a causal
    connection is established if the subsequent accident was a contributing factor, even if a pre-
    existing condition existed, i e the disability was exacerbated by the subsequent accident,
    rendering the employee disabled
  • once such causal link is established, that would entail the end of the ‘first enquiry’ and the
    ‘second enquiry’ is to be proceeded with in order to determine the extent that the pre-existing
    injury contributed to the disablement – in casu, the SCA found that it was impossible to establish
    such extent on the medical records before it and ordered the compensation commissioner to
    obtain such record and also provide the employee with the opportunity to obtain his own medical
    reports in this regard

July 20, 2026

Precautionary suspensions

In the public sector, the Senior Management Service Handbook (SMS Handbook) directly addresses precautionary suspensions and the 60-day time limit.

Clause 2.7(2)(c) of the SMS Handbook provides that ‘If a member is suspended or transferred as a precautionary measure, the employer must hold a disciplinary hearing within 60 days. The chair of the hearing must then decide on any further postponement.’

Regulation 6 of the Local Government: Disciplinary Regulations Senior Managers, 2010 (Regulations) provides for the precautionary suspension of senior municipal employees and Regulation 6(6)(a) provides: ‘If a senior is suspended, a disciplinary hearing must commence within three months after the date of suspension, failing which the suspension will automatically lapse.’

What are the principles governing a determination of the question as to whether or not a senior municipal employee’s suspension automatically lapses in terms of the aforesaid Regulation 6(6)(a)?

Obviously, the answers to the aforesaid question are very relevant in the private sector where, firstly, a collective agreement regulates a similar process or, alternatively, such contractual rights have been created between the parties, to be enforced in terms of s77(3) of the BCEA.

July 13, 2026

In the previous article, we dealt with the consequences of a plant level collective agreement with a definite beginning and end date. We indicated to you that, in line with s23(2) of the LRA, and an analysis of the relevant case law, that, once such a collective agreement reaches its expiry date, it expires and is no longer of any force or effect. In this article, we deal with the scenario where a plant level collective agreement is concluded for an indefinite period and the employer gave notice to terminate same.

What are the consequences when a party to a plant level collective agreement, concluded for an indefinite time period, gives notice to terminate such collective agreement?

July 6, 2026

In terms of s23(2), a collective agreement binds, for the whole period of the collective agreement, every person so bound in terms of s23(1)(c) (the members of a registered trade union and the employers who are members of a registered employers’ organisation who are a party to the collective agreement, if the collective agreement regulates the terms and conditions of employment, or the conduct of the employers and employees) who was a member at the time it became binding, or who becomes a member after it became binding (irrespective of whether or not that person continues to be a member of such trade union or employers’ organisation for the duration of the collective agreement).

What is the relevant case law development as to a plant level collective agreement that has an expiry date, i e does such collective agreement continue to be of force and effect after such expiry date?