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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

September 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.