Article 4/2023

What are some of the guidelines to be taken into account to determine the degree of disability when an employee sustained an injury at the workplace?

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In Department of Labour: Compensation Commissioner v Botha (2022) 3 SALLR 17 (SCA), our
supreme court of appeal, inter alia, adopted the following approach:

  • it is important to realise that, in terms of s49(2)(a) of COIDA, if an employee sustained an injury
    in Schedule 2, such employee is presumed to be permanently disabled to the degree as set out
    in the second column
  • what is the meaning of the sixth item in the first column of Schedule 2, to the effect that, if an
    employee suffered an injury not listed in such schedule, he would be deemed to be 100%
    disabled?

    • the SCA indicated that not every injury not listed in Schedule 2 entails a 100% disablement
      and the extent of disability falling outside of Schedule 2 must be determined in the light of
      the specific facts of the specific case and according to medical evidence

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?