GroundUp reports that a former senior manager in the office of the Mpumalanga Premier has been given judicial authority to sue her ex boss for damages for physical and psychological injuries she suffered when attacked by protestors while she was at work.
The Premier and the Director-General attempted to raise a “special plea” in the matter brought against them by Catherine May Churchill, former chief director for policy and research. They argued that they should not be held liable, and she should put in a claim with the Compensation Fund. The High Court agreed, but the Supreme Court of Appeal (SCA) overturned that ruling and declared the Premier and the DG liable. Being attacked at work are not ordinarily “things that go with the job”, said the court. Churchill is claiming about R7.5 million in damages, the bulk being compensation for loss of income calculated from June 2017, when she resigned because of “intolerable work conditions”, to the date of her retirement, on the basis that she will never be able to work again. The final amount will still have to be determined by a high court. The attack on Churchill occurred in April 2017 during a protest by Nehawu members and is detailed in the GroundUp report. Her ordeal lasted three-quarters of an hour when she suffered physical injuries and, more importantly, psychological injuries that had left her with Post Traumatic Stress Disorder. The SCA ruled that Churchill’s injuries did not “arise out of her employment” and her appeal must succeed.
- Read the full original of the report in the above regard by Tania Broughton at GroundUp
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