Penalties applicable to the failure to implement sectoral targets
Description
In this episode CDH Conversations, Director, Fiona Leppan and Senior Associate, Kgodisho Phashe in the Employment Law practice, unpack the Labour Court’s recent judgment in Mathebe v Cullinan Diamond Mine (Pty) Ltd [2025] ZALCHJHB 330.
In this episode of CDH Conversations, Director, Fiona Leppan and Senior Associate Kgodisho Phashe in the Employment Law practice unpack the Labour Court’s recent judgment in Mathebe v Cullinan Diamond Mine (Pty) Ltd [2025] ZALCHJHB 330. The case highlights the importance of bringing workplace health and safety disputes before the correct forum and within statutory time limits.
Mr Mathebe, a former miner, alleged occupational asthma and sought damages and loss of earnings. However, the Court dismissed the claim on the grounds that it lacked jurisdiction and that any civil claim brought in a correct forum had prescribed. They discuss the implications for employees, the limits of the Labour Court’s powers, and key lessons for navigating occupational health and safety disputes.