Klass Looch Associates

Employer OHS Champion since 1986 

 


COID Act section 35. Substitution of compensation for other legal remedies.

(1) No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee's employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death.

(2) For the purposes of subsection (1) a person referred to in section 56(1)(b), (c), (d) and (e) shall be deemed to be an employer.COID Act Section 56(1)(b), (c), (d) and (e). (Persons deemed to be an employer):(1)(b) an employee charged by the employer with the management or control of the business or of any branch or department thereof;

(c) an employee who has the right to engage or discharge employees on behalf of the employer;

(d) an engineer appointed to be in general charge of machinery, or of a person appointed to assist such engineer in terms of any regulation made under the Minerals Act, 1991 (Act No. 50 of 1991); or

(e) a person appointed to be in charge of machinery in terms of any regulation made under the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993).