Employee to Employee Coida

COIDA and EMPLOYEE TO EMPLOYEE LIABILITY

The provisions of Section 35(2) read with Section 56 of COIDA are important as Section 35 extends the definition of an employer to certain categories of persons referred to in Section 56 of COIDA. These are:

  • An employee charged by the employer with the management or control of the business or of any branch or department thereof;
  • An employee who has the right to engage or discharge employees on behalf of the employer;
  • An engineer appointed to be in general charge of machinery, or a person appointed to assist such engineer;
  • The person appointed to be in charge of machinery in terms of any regulation made under the Occupational Health and Safety Act 1993.

The persons referred to in Section 56 are generally those in management positions. COIDA precludes claims by an injured employee against these categories of persons.

In other words, an employee may not take legal action against those persons in the above –mentioned positions.

COIDA does not preclude a claim by an employee against a fellow employee who is not in a management position referred to in Section 56. For example, if a non-managerial employee drops a spanner on a colleague’s head or causes injury to a colleague by some other means, such employee would be entitled to institute a civil action where they can establish negligence.

(Sources: Department of Labour, Commission for Conciliation, Mediation and Arbitration (CCMA), Erasmus law, Deneys Reitz Attorneys, D.Wanbland).
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