Beroepsbeserings in Suid-Afrika: strafregtelike en deliktuele aanspreeklikheid

Doctoral Thesis UFS multilingual coverage
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Abstract

English
The rights and obligations of the respective parties in the event of an occupational accident, as well as the current processes in the criminal law, law of delict and labour law, which are frequently subjected to uncertainty by practicing legal practitioners, especially since the promulgation of the Constitution of the Republic of South Africa, have been described in this thesis. It shows the dynamic interaction between the criminal law, law of delict and labour law in the event of an occupational accident, whether at air or sea, a factory, operating theatre, office or underground mine. The thesis consists of an analysis of the respective legal processes regarding liability after an occupational injury in the South African legal system, as well as a comparison with the legal processes in that regard of England, Ontario in Canada and the United States of America, and concludes with proposals to amend shortcomings.
Keywords
English
Accident Code of practice Common law claim against employer Delictual claim against wrongdoer Disablement Evidentiary burden Internal discipline Legal duty Negligence Occupational health and safety legislation Occupational injury Regulations Safety standards Vicarious liability Compensation commissioner Employer's liability Labor laws and legislation Workers' compensation