Tag: psychiatric injury

Employment related injuries: Employer vicarious liability

by GilesFiles | Mar 4, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Delict, Government, Interpretation etc, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Provincial, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics, Vicarious liability | 0 |

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...

Emotional shock principles: Amicus curiae application

by GilesFiles | Dec 18, 2019 | 2019, 2019, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, philosophy / economics, SCA judges, Supreme Court of Appeal, Topics | 0 |

R K v Minister of Basic Education Emotional shock principles considered in great detail by the SCA and stressed the importance of a detectable psychiatric injury as being the foundation for such claims. “It is clear from...