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

June 12, 2025

In terms of s34(1) of the BCEA, an employer may not make deductions from an employee’s remuneration unless, subject to s34(2), the employee agrees, in writing, or the deduction is made in terms of a law, collective agreement, court order or arbitration award.

June 5, 2025

A case is moot and therefore not justiciable if it no longer presents an existing or live controversy. With reference to National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others [1999] ZACC 17; 2000 (2) SA 1 (CC), how did the supreme court of appeal, in Mhlontlo Local Municipality and Others v Ngcangula and Another (2024) 35 SALLR 132 (SCA) recently deal with this issue?

May 29, 2025

The principle underlying the doctrine of peremption is that no person can be allowed to take up two positions inconsistent with one another, or, as is commonly expressed, to blow hot and cold, to approbate and reprobate when considering pursuing litigation. With reference to Qoboshiyane NO v Avusa Publishing Eastern Cape [2012] ZASCA 166; 2013 (3) SA 315 (SCA), what is the test to be applied to determine whether or not a party has perempted its right to institute legal proceedings?