The application of the Compensation for Occupational Injuries and Diseases Act on impairment caused by sexual harassment

dc.contributor.authorNewaj, Kamalesh
dc.date.accessioned2025-07-28T11:20:36Z
dc.date.available2025-07-28T11:20:36Z
dc.date.issued2023
dc.description.abstractThis article addresses the question of whether a sexually harassed employee has recourse to the Compensation for Occupational Injuries and Diseases Act 130 of 1993. This is dependent on whether injuries or diseases sustained as a result of sexual harassment can be regarded as injuries or diseases that arise out of and in the course of employment. A very restrictive test has been developed to answer this question, which is whether the act giving rise to the injury or disease, in this context sexual harassment, can be regarded as a risk inherent to the work performed by the employee. The test focuses on the duties performed by the employee and the risks that are ordinarily inherent in the performance of those duties. Sexual harassment will generally not be regarded as a risk inherent to the performance of a job and is therefore discounted as an occupational injury or occupational disease. However, the courts’ approach is criticised for failing to interpret important social security legislation in line with international standards and in a purposive manner that gives effect to the constitutional right afforded to everyone to access social security.
dc.description.departmentMercantile Law
dc.description.librarianhj2025
dc.description.sdgSDG-16: Peace,justice and strong institutions
dc.description.urihttps://journals.co.za/content/journal/jlc_samlj
dc.identifier.citationNewaj, K. 2023, 'The application of the Compensation for Occupational Injuries and Diseases Act on impairment caused by sexual harassment', South African Mercantile Law Journal, vol. 35, no. 3, pp. 273–297, doi : 10.47348/SAMLJ/v35/i3a2.
dc.identifier.issn1015-0099 (print)
dc.identifier.issn1996-2185 (online)
dc.identifier.other10.47348/SAMLJ/v35/i3a2
dc.identifier.urihttp://hdl.handle.net/2263/103619
dc.language.isoen
dc.publisherJuta Law Journals
dc.rights© Juta and Company (Pty) Ltd.
dc.subjectCompensation for Occupational Injuries and Diseases Act 130 of 1993
dc.subjectSexually harassed employee
dc.subjectSexual harassment
dc.subjectSocial security
dc.titleThe application of the Compensation for Occupational Injuries and Diseases Act on impairment caused by sexual harassment
dc.typeArticle

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