DISMISSAL ARISING FROM FLOUTING COVID-19 HEALTH AND SAFETY PROTOCOLS Eskort Limited v Stuurman Mogotsi [2021] ZALCJHB 53

CI Tshoose

doi:10.17159/obiter.v42i3.12910

DISMISSAL ARISING FROM FLOUTING COVID-19 HEALTH AND SAFETY PROTOCOLS Eskort Limited v Stuurman Mogotsi [2021] ZALCJHB 53

Obiter ◽

10.17159/obiter.v42i3.12910 ◽

2021 ◽

Vol 42 (3) ◽

Author(s):

CI Tshoose

Keyword(s):

Health And Safety ◽

Case Note ◽

Topical Issue

The Labour Court judgment handed down by Tlhotlhalemaje J in Eskort Limited v Stuurman Mogotsi (JR1644/20) (2021) ZALCJHB 53 (Eskort Limited) on 28 March 2021 raised the topical issue of fairness regarding the dismissal of an employee for gross misconduct and negligence related to his failure to follow and/or observe COVID-19-related health and safety protocols put in place at the workplace (Eskort Limited supra par 1).In light of the above, the objectives of this case note are twofold. First, it examines the parameters under which the employer can discipline an employee for flouting the COVID-19 safety protocols and regulations. Secondly, it also considers the extent to which the employer can take appropriate action against an employee who wilfully refuses to obey the lawful and reasonable instructions of the employer during COVID-19 times.

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USING A SLEDGEHAMMER TO CRACK A NUT: THE SCOPE AND POWERS OF THE MINE HEALTH AND SAFETY INSPECTORATE IN LIGHT OF Anglogold Ashanti Ltd v Mbonambi (2017) 38 ILJ 614 (LC)

Obiter ◽

10.17159/obiter.v39i3.11335 ◽

2018 ◽

Vol 39 (3) ◽

Author(s):

C Tshoose ◽

B Khumalo

Keyword(s):

South African ◽

Health And Safety ◽

Case Note ◽

The South ◽

Mining Company ◽

The Past ◽

Serious Injuries ◽

Mine Health And Safety ◽

Issue Section

This case note examines the scope of the MHSI’s powers to issue section 54(1) instructions and the circumstances under which these instructions should be issued. Furthermore, the note examines the relevant jurisprudence of the South African courts dealing with the review of the MHSI’s exercise of power both in imposing administrative fines and issuing mine stoppage orders. This is done in light of the decision in AngloGold Ashanti. The note shows the importance of section 54 instructions and the role they have played in the reduction of serious injuries and fatalities at the mines over the past two decades. Nevertheless, the MHSI’s exercise of power in terms of the provision is not immune from critique. The facts of the case are outlined below. This is followed by a few comments and then a conclusion is drawn. The terms “employer” and “mining company” are used interchangeably in this contribution.

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Justice delayed is justice denied: Protecting Miners against Occupational injuries and diseases: Comments on Mankayi v Anglogold Ashanti Ltd 2011 32 ILJ 545 (CC)

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2011/v14i7a2624 ◽

2017 ◽

Vol 14 (7) ◽

pp. 232

Author(s):

CIarence Tshoose

Keyword(s):

South Africa ◽

Occupational Health ◽

Occupational Diseases ◽

Occupational Injuries ◽

Common Law ◽

Health And Safety ◽

Occupational Health And Safety ◽

Case Note ◽

Constitutional Court

In the Mankayai v Anglogold Ashant Ltd 2011 32 ILJ 545 (CC) the Constitutional Court was called upon to give meaning and content by interpreting the provision of section 35 of Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) and section 100(2) of the Occupational Diseases in Mines and Works Act 78 of 1973. The Court had to determine if the employee common-law right of recourse against his employer in cases where he sustained occupational diseases is extinguished by virtue of section 35(1) of COIDA. The purpose of this case note is twofold: firstly, it analyses the decision of the Constitutional Court in the Mankayi case; secondly, the case note looks at the significance of the Mankayi case for the system of occupational health and safety in South Africa. In conclusion, the contribution explores the need for the introduction of a unified system which will address issues of occupational health and safety in a coordinated and unified manner.

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