Legally Speaking

The workplace is a complex environment in more ways than most people might think. Various factors operate synergistically or in isolation to produce undesirable outcomes. Consequently, occupational health and s... Read More...

Are volunteer emergency responders – such as a firefighters – entitled to claim compensation if they are injured on duty? ALBERT MUSHAI and ROBERT VIVIAN examine the question Recently, Australia was confronte... Read More...

To better understand the challenges of providing compensation to injured employees, Albert Mushai and Robert Vivian compare a compensation court case in the United Kingdom with the South African workmen’s compe... Read More...

Albert Mushai and Robert Vivian argue that without a specific clause in an insurance contract that excludes liability of the insurer for claims under the illegality principle, chances are insurers are repudiati... Read More...

Dr Albert Mushai and Professor Robert W Vivian argue that workmen’s compensation probably has little to do with social welfare Workmen’s compensation is usually classified as being part of social welfare – and... Read More...

Evidence suggests that trusts do not provide the best solutions to the problems of compensation for occupational diseases - especially when dealing with the magnitude of silicosis claims in South Africa The si... Read More...

With the Tiger Brands listeriosis outbreak still fresh in our minds and now the centre of a class-action lawsuit, it’s pertinent to study a remarkably similar event that occurred in Canada a decade earlier. In... Read More...

As far as employers are concerned, the liability they incur towards third parties invariably involves the doctrine of vicarious liability. However, the nature of vicarious liability is changing - and employers ... Read More...

Litigation is not an efficient way of dealing with the matter of occupational disease. We have previously dealt with two occupational health matters. The first involved Gencor and asbestosis. This matter start... Read More...

With an out-of-court settlement taking place recently, the time is right to resolve the question of compensation for occupational diseases. We have previously discussed the silicosis litigation, where we exp... Read More...