Tag: negligence

Intoxicated senior management: Occupational accident?

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Athlete spectator collision: Keep proper lookout

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

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Employment related injuries: Employer and vicarious liability

Churchill v Premier of Mpumalanga SCA in resolving work related injuries confirmed that ‘there is no bright line test and the enquiry is always whether the statutory requirement that the accident arose out of the...

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Fiduciary duty breached: Wrongful conduct discussed

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Aggravated psychological damages: Proper police search?

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Gross negligence explained: Departure from reasonable standard

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Safety rules breached: Insubordination justified dismissal

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Private law claim: Based on public law duty

Mashongwa v PRASA (CCT03/15) [2015] ZACC 557 (26 November 2015) per Mogoeng CJ (Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Matojane AJ, Nkabinde J, Van der Westhuizen J, Wallis AJ and Zondo J concurring): The...

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Gross negligence: Degrees and progressive discipline

[16]      To the extent that it might be suggested that another act of gross negligence was required to justify the employee’s dismissal, this cannot be so.  There can be no misconduct in the form of gross negligence without...

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