South African court dismisses teacher’s loss of earnings claim after road accident — TimesLIVE

The Mbombela High Court in South Africa dismissed a claim by former Mpumalanga teacher Zenzile Lubisi for compensation for past and future loss of earnings after a 2021 road accident. The court concluded that in 2024 she voluntarily retired upon reaching retirement age, rather than because of the consequences of her injuries, TimesLIVE reports.

Injuries after the accident

Lubisi was a passenger in a vehicle involved in a road accident on January 15, 2021. She sustained a fracture of her right wrist, a soft-tissue injury to her right shoulder and a fractured rib. South Africa’s Road Accident Fund admitted liability for the accident, but the parties disputed whether the injuries had caused a loss of earnings.

The claimant argued that pain and physical limitations made it difficult for her to continue working. At the same time, an orthopaedic surgeon whose opinion she submitted to the court stated that the severity of the injuries should not have affected her ability to perform her duties as a teacher. According to the expert’s assessment, the orthopaedic injuries should not have led to early retirement.

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Court findings

Acting Judge Maboku Mangena also referred to an occupational therapist’s findings. Lubisi reported pain when bending, standing for long periods and lifting heavy objects, but she was able to meet most of the physical requirements of her job before the accident, except for lifting heavy objects.

The court found that the education department where Lubisi worked had accommodated her working conditions for three years after the accident and provided a teaching assistant. According to the judge, she was able to perform her duties until her voluntary retirement in 2024. A departmental letter approving Lubisi’s application stated that her departure was age-related, and the court found no evidence that the employer intended to end her employment because of incapacity.

Mangena stated that Lubisi’s version that she stopped working because of the accident was supported neither by her experts’ findings nor by her employer’s documents. In the court’s view, her retirement was a voluntary decision unrelated to the road accident.