Summary
Summary OHS2601 - Occupational Health And Safety Law IIA
- Institution
- University Of South Africa (Unisa)
OHS2601 Occupational Health and Safety Law ASSIGNMENT 01
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By: mokgathid • 1 year ago
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ASSIGNMENT 01UNIQUE NUMBER:
DUE DATE: 2023
ASSIGNMENT QUESTION
Mphupha had been a manager of Shaft24 Platinum Mine in Bokone Bophirima until she was
dismissed in January 2023. Her dismissal followed a marathon negligence case levelled against her
for the underground truck accident which cost two lives of miners. The accident report indicates that
the accident was due to worn out breaks fitted on the truck and poor lighting in the mine. The
information from mine equipment service book reveals that both the truck breaks and lighting in the
mine were last serviced or replaced three years before this accident. The families of the diseased
sued the mine for their loss and the mine is refusing liability. Instead, the mine argues that Mphupha
must be personally liable. Mphupha refutes personal liability, and her argument is that she had on
several occasions instructed three of her subordinates, Tsokotla, Forotlha and Molomoto attend to
the truck breaks and lighting in the mine and that, based on her trust to her subordinates and for
that matter, everyone else in the mine, she assumed that all is attended to. She said, ‘I had no
reason to doubt my subordinates’. With reference to the applicable authority, discuss whether
Mphupha can personally be held liable for the lost lives despite having issued clear instructions to
her subordinates who then failed to act on the same. [15]
NB: Your discussion must not exceed two pages. Discussion must be reflective of your own work or
efforts [do not share or copy each other. If you are found to have done so, you will be penalised].
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