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12 Feb 2008

Chantelle Benjamin, Business Day [So. Africa]

South Africa: AngloGold Vs Ailing Worker in Test Case

A court ruling that could open the way for workers to sue employers directly for damages would have "far-reaching and substantial economic consequences" for the mining industry, claims mining company AngloGold Ashanti. The mining company has brought an application in the Johannesburg High Court, challenging a bid by a former AngloGold employee, Thembekile Mankayi, to claim…compensation after falling ill while working at its…mine. Mankayi was paid…compensation under the Occupational Diseases in Mines and Works Act (ODIMWA)…. At issue in the test case is whether two acts governing worker compensation, ODIMWA and the Compensation for Occupational Injuries and Diseases Act (COIDA), offer different protection to workers, and if one act is therefore discriminatory.