Johannesburg - The Supreme Court of Appeal on Thursday upheld an appeal by Dr Liesl-Lenore Thomas against her dismissal by the Minister of Defence and Military Veterans.
Thomas claimed damages from the department when she fell down stairs at 2 Military Hospital, while working as a Western Cape provincial government medical registrar.
In a special plea, the minister invoked provisions of the Compensation for Occupational Injuries and Diseases Act (COIDA), which prevented action from an employee against her employer, where compensation is payable under the COIDA.
The Minister argued that the State, as a single entity, employed Thomas and that provincial departments were not regarded as separated employers for the purposes of the Act.
However, the Supreme Court of Appeal dismissed the plea and ruled that individual departments were themselves employers.
Sapa