On Tuesday, 31 July 2012, trade union Solidarity will petition the Cape Town High Court to find for one of its members who contracted a hepatitis virus at his workplace, that the disease was in fact contracted while the member was on duty. The union will also request the court to clarify the process when an unsuccessful occupational disease claim has to be referred to a court.
Advocate Paul Mardon, head of Solidarity’s division for occupational health and safety, said the member had contracted the disease when working as a plumber. “His employer reported the matter to the Compensation Commissioner; however, the latter was not satisfied that the member’s disease had been contracted in the course of his duties. The member objected to the ruling, but no further ruling was made after the objection had been heard. In terms of the Compensation for Occupational Injuries and Diseases Act, the presiding officer of the tribunal who heard the objection should have referred the case to the court for a final ruling.” Mardon said the case had dragged on; eventually, after some pressurising by Solidarity, it had been referred to the Cape Town High Court.
Mardon also said that Solidarity will ask the court to elucidate the process to be followed when an unsuccessful occupational disease claim has to be referred to a court.
Members of the media are cordially invited to attend the court proceedings:
Venue: The Cape Town High Court
Time: 10:00 on Tuesday, 31 July 2012
Advocate Paul Mardon
Head: Occupational Health and Safety, Solidarity
Cell: 082 560 4656
Tel: 012 644 4321 (office hours)
Cell: 076 786 5302
Tel: 012 644 4478