Worker’s Rights

M K Murugan (Applicant) brought an application seeking leave to amend his Notice of Motion. The Minister of Labour, Director-General of Labour and Compensation Commissioner (Respondents) contended that as the application had been previously withdrawn, the applicant has no right to seek to amend the Notice of Motion, and the application for an amendment should be dismissed with costs. At issue was whether the former attorney of the applicant had been given authority by the applicant to file an notice of withdrawal. Further at issue was whether section 33 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) prevented the applicant from relinquishing his rights to benefit in terms of the Act.

After 39 years of working on a gold mine and dealing with noisy machinery, Knoetze sustained hearing loss and was medically boarded. He lodged a claim for compensation with Rand Mutual Assurance (RMA), which repudiated the claim on the basis that Knoetze had experienced rapid hearing loss which was inconsistent with occupational noise-induced hearing loss. Knoetze objected to RMA’s decision in terms of s 91 of COIDA. The Tribunal hearing for his objection held that Knoetze had failed to show that his hearing loss resulted from his employment and not any other possible cause. As such, his objection was dismissed.

Ilana Joubert ( Applicant) sought leave to amend pleadings in proceedings instituted against Buscor Proprietary Limited (Respondent). The Applicant claimed for compensation for damages following the death of her husband (the deceased) who was employed as an electrician by a close corporation which was in turn contracted by the Respondent to carry out electrical repairs and maintenance of equipment. The Respondent instructed and/or permitted the deceased to enter a submersible pump with limited oxygen and hazardous chemicals, resulting in the deceased's injury and subsequent death.

This matter deals with whether the Occupational Health and Safety Act (OHSA) allows for the workers and dependants of the deceased to be furnished with a copy of the report of an inquiry envisaged in section 32(9).