The Plight of First Responders Suffering from Mental Disorders: Will an Amended Workers’ Compensation Act Relieve their Predicament?

by | Jul 27, 2025 | ILJ, ILJ V46 I3

The Plight of First Responders Suffering from Mental Disorders: Will an Amended Workers’ Compensation Act Relieve their Predicament?

Author Karin Calitz

ISSN: 2413-9874
Affiliations: Professor Emeritus and Research Fellow, Department of Mercantile Law, Stellenbosch University
Source: Industrial Law Journal, Volume 46 Issue 3, 2025, p. 1523 – 1550

Abstract

First responders are at great risk to contract Post Traumatic Stress Disorder (PTSD), because of the nature of their work. This often leads to suicide or homicide-suicide, involving family members.
The process of claiming benefits from the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), often exacerbates the PTSD symptoms because the onus of proof that PTSD arose out of and in the course of employment rests on the employee. Claiming compensation often takes years, partly due to the lack of expertise of commissioners and tribunals, leaving employees no other choice but to appeal to the High Court.
Legal comparison indicates that certain provinces in Canada, and some states in the US and Australia, have adopted presumptive legislation which relieves first responders of the onus to prove that PTSD arose out of their employment.
The Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (COIDAA), which is not in force yet, for the first time includes PTSD (but no other mental illness) in the definition of an occupational disease. COIDA’s draft Schedule 3 lists PTSD as an occupational disease that will be covered by a presumption but does not limit the presumption to any categories of injured or diseased employees. This means that any employee suffering from PTSD will be covered by the presumption as soon as it is established that the person suffers from PTSD. In light of the fact that the Compensation Fund (CF) experiences serious financial difficulties, the article agrees that rehabilitation and return-to-work measures introduced by the COIDAA are laudable, but at present financially unattainable. More informal, less costly measures, such as online psychoeducation training of first responders, peer groups and families to recognise the symptoms of PTSD and how to deal with those, can nurture resilience of first responders and empower those closest to them to support them. By ensuring a psychosocial safety climate, employers can do much to prevent PTSD. A code of good practice could include these recommendations.
The article further recommends that the presumption should at first only cover first responders as a matter of urgency until the CF becomes financially viable again.

‘Just and Equitable’ Grounds for Review in Section 158(1B) of the LRA

by | Jul 27, 2025 | ILJ, ILJ V46 I3

‘Just and Equitable’ Grounds for Review in Section 158(1B) of the LRA

Author Andrea Joy Zitzke

ISSN: 2413-9874
Affiliations: BA Law (Pretoria), LLB (Pretoria), LLM (Stellenbosch), LLD candidate (Free State)
Source: Industrial Law Journal, Volume 46 Issue 3, 2025, p. 1550 – 1573

Abstract

When will a court find it ‘just and equitable’ to intervene during incomplete proceedings in terms of s 158(1B) of the Labour Relations Act 66 of 1995 (LRA)? It is becoming more and more commonplace, contrary to the purpose of the LRA, to bring reviews during incomplete Commission for Conciliation, Mediation and Arbitration (CCMA) and bargaining council proceedings. It is therefore necessary to clarify when a court will exercise its discretion to review proceedings before their finalisation. Since determining what is ‘just and equitable’ has been a ‘difficult horse to ride’ for the court and litigants alike, it is necessary for principles to be extracted from previous decisions in order to produce concrete rules that will assist with establishing when a court may intervene during incomplete proceedings in terms of s 158(1B) in accordance with legal certainty and stare decisis. In this contribution, the history of case law is traced in an attempt to distil relevant concrete principles that can assist practitioners and courts in this determination.

Unfounded Accusations of Racism as Workplace Discrimination: Solidarity on behalf of K v Western Cape Education Department & others [2024] ZALCCT 59

by | Jul 27, 2025 | ILJ, ILJ V46 I3

Unfounded Accusations of Racism as Workplace Discrimination: Solidarity on behalf of K v Western Cape Education Department & others [2024] ZALCCT 59

Author Marius van Staden

ISSN: 2413-9874
Affiliations: Associate Professor, School of Law, Wits University
Source: Industrial Law Journal, Volume 46 Issue 3, 2025, p. 1573 – 1589

Abstract

This case note examines a Labour Court judgment concerning unfounded accusations of racism in the workplace, focusing on the intersection between misconduct and discrimination. The case raises important questions about the interpretation of the Employment Equity Act 55 of 1998 and employer liability for discriminatory conduct. Through analysis of the court’s reasoning, this note identifies three significant problematic elements: the failure to recognise unfounded accusations of racism as inherently discriminatory, an overly technical approach to employer liability under s 60, and a questionable treatment of the severity threshold for harassment. Drawing on established jurisprudence, the analysis demonstrates how the judgment diverges from existing legal principles regarding workplace discrimination. The note argues that the court’s approach potentially undermines the protective purpose of anti-discrimination legislation and may set concerning precedents for future cases involving unfounded allegations of racism in workplace disputes. It concludes that a more purposive interpretation of anti-discrimination provisions is necessary to balance addressing genuine racial discrimination effectively and preventing the weaponisation of racial allegations.

Parental Leave for All: Van Wyk & others v Minister of Employment & Labour (Centre for Human Rights, University of Pretoria & others as Amici Curiae) (2024) 45 ILJ 194 (GJ)

by | Jul 27, 2025 | ILJ, ILJ V46 I3

Parental Leave for All: Van Wyk & others v Minister of Employment & Labour (Centre for Human Rights, University of Pretoria & others as Amici Curiae) (2024) 45 ILJ 194 (GJ)

Author Asheelia Behari

ISSN: 2413-9874
Affiliations: Lecturer, Department of Public Management, Law & Economics, Durban University of Technology; LLB LLM PhD (UKZN)
Source: Industrial Law Journal, Volume 46 Issue 3, 2025, p. 1589 – 1606

Abstract

This case note examines the court decision to declare the various provisions of leave from work for the purpose of caregiving in the Basic Conditions of Employment Act unconstitutional on the basis of a violation of the rights to equality and dignity because it differentiates between categories of parents. The resulting order made by the High Court was to award four months of parental leave to be shared between the mother and father of a newborn baby. The case note discusses the implications of this decision in light of the awaiting Constitutional Court judgment, which will make a final determination as to the constitutionality of maternity leave.

Labour Court Dispute Resolution: Effective and Expeditious?

by | Mar 30, 2025 | ILJ, ILJ V46 I2

Labour Court Dispute Resolution: Effective and Expeditious?

Author Anton Myburgh SC

ISSN: 2413-9874
Affiliations: Senior Counsel, Johannesburg Bar (Sandton); Adjunct Professor of Law, Nelson Mandela University
Source: Industrial Law Journal, Volume 46 Issue 2, 2025, p. 706 – 721
https://doi.org/10.47348/ILJ/v46/i2a1

Abstract

This article explores two things. Firstly, whether the Labour Court has delivered on the statutory promise of providing for the effective and expeditious resolution of labour disputes, particularly in relation to the review of arbitration awards of the Commission for Conciliation, Mediation and Arbitration — the conclusion being that it has not. Secondly, what plans are in place to address the backlog, and how the court might reduce the inflow of reviews by adopting a uniform approach to their determination — thus enhancing the predictability of the outcome.

Minority Unions and Special Interest Groups in the Workplace

by | Mar 30, 2025 | ILJ, ILJ V46 I2

Minority Unions and Special Interest Groups in the Workplace

Authors Wilhelmina Germishuys-Burchell & Christoph Garbers

ISSN: 2413-9874
Affiliations: Senior Lecturer, University of South Africa; Associate Professor, Stellenbosch University
Source: Industrial Law Journal, Volume 46 Issue 2, 2025, p. 722 – 748
https://doi.org/10.47348/ILJ/v46/i2a2

Abstract

The appropriateness of the Labour Relations Act 66 of 1995 (LRA 1995) has been questioned for its effect on the plight of minority union members or a minority group of employees who share a significant and discrete interest in the workplace. This article considers the vision of majoritarianism in the LRA 1995 as a product of criticism of the Industrial Conciliation Act 28 of 1956 (subsequently renamed the Labour Relations Act (LRA 1956)), and its support by the Constitutional Court. It does so with reference to representation at disciplinary enquiries, during retrenchment consultation, and during collective bargaining to show that after almost 30 years of the current LRA we have perhaps come full circle to the point where the Act is open to the same criticism levelled against the LRA 1956 all those years ago.