The Mbombela high court in South Africa has dismissed a former Mpumalanga teacher's claim for past and future loss of earnings arising from injuries sustained in a 2021 road accident. Zenzile Lubisi was a passenger in a vehicle involved in an accident on January 15, 2021, and suffered a fractured right wrist, a soft-tissue injury to her right shoulder, and a fractured rib.
The Road Accident Fund (RAF) accepted liability for the accident, but the parties disagreed over whether Lubisi had suffered a loss of earnings as a result of her injuries. The RAF contended that Lubisi had not suffered any such loss because she resigned from her employment voluntarily. In contrast, Lubisi argued that she resigned due to accident-related injuries, which made it difficult for her to continue working.
Acting judge Maboku Mangena handed down the judgment, finding that Lubisi voluntarily retired in 2024 because she had reached pensionable age, rather than because of her injuries. An orthopaedic surgeon report submitted by Lubisi concluded that her injuries were not severe enough to affect her ability to perform her duties as a teacher. The surgeon stated that there would not be early retirement due to the orthopaedic injuries sustained in the accident.
An occupational therapist's report also stated that Lubisi reported feeling bodily pain whenever she bent, stood for long periods, or lifted heavy objects. However, the therapist concluded that Lubisi met most of the physical demands of her pre-accident occupation, with the exception of lifting heavy objects. The undisputed record on file revealed that Lubisi's employer, the department of education, had accommodated her during the three-year period that she was at work after the accident.
Lubisi was allocated an assistant teacher to help her in areas she was not able to work, and she was able to cope with her work and perform her duties until she resigned in 2024. The education department's letter informing Lubisi of the approval of her resignation had a subject heading of "Resignation due to Age", indicating that she resigned due to reaching a pensionable age, not due to her injuries.
Mangena said there was no evidence to suggest that the employer ever considered laying her off due to incapacity. Lubisi's version, that she resigned from her work due to the accident, was not supported by her own expert witnesses and the documents from her employer. Mangena stated that her resignation was a deliberate and voluntary act motivated by considerations other than the accident.
The court's decision was based on the evidence presented, and Mangena expressed appreciation for the orthopaedic surgeon's independent evaluation, which he found to be a refreshing example of the medical profession's practice and application of their ethical standards.
Key points
- The court ruled that Lubisi's resignation was due to her reaching pensionable age, not her injuries.
- The Road Accident Fund had accepted liability for the accident.
- Lubisi's employer had accommodated her after the accident, allocating an assistant teacher to help her.
