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Mankayi v AngloGold Ashanti Ltd is a 2011 decision of the Constitutional Court of South Africa in South African labour law and the South African law of delict.The court upheld the right of mineworkers to sue at common law for damages incurred due to occupational disease and occupational injury.
The case was an appeal from a decision in the Cape Provincial Division by Thring J. A subsequent application to appeal it further to the Constitutional Court was rejected. The central issue was the vicarious liability of an employer for the delictual acts of its employee: in particular, the liability of the Minister of Safety and Security for ...
The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995 , and has a status similar to that of a division of the High Court .
The common law of South Africa, "an amalgam of principles drawn from Roman, Roman-Dutch, English and other jurisdictions, which were accepted and applied by the courts in colonial times and during the period that followed British rule after Union in 1910," [76] plays virtually no role in collective labour law. Initially, in fact, employment law ...
An application for leave to appeal against a decision of the Supreme Court of Appeal, the case revolved around the question of the vicarious liability of an employer for the delictual acts of an employee: in casu, the liability of the Minister of Safety and Security for criminal acts committed by police officers while off duty. An off-duty ...
It was possible, O'Regan J continued, for an employee at the same time to commit a delict for his own purposes, and neglect to perform his duties as an employee. It was clear, in the present case, that the delict for which the applicant sought to hold the respondent liable was the rape, and that the rape had been a deviation from the policemen ...
Labour Court of South Africa cases (6 P) Pages in category "South African labour case law" The following 21 pages are in this category, out of 21 total.
New Clicks South Africa (Pty) Ltd v Tshabalala-Msimang and Another NNO; Pharmaceutical Society of South Africa and Others v Tshabalala-Msimang and Another NNO 2005 (2) SA 530 (C) is an important case in South African administrative law. However, note that this case went on appeal, first to the Supreme Court of Appeal and thereafter to the ...