Churchill v Premier, Mpumalanga and Another

Ms Catherine Churchill was employed as Chief Director: Policy and Research in the Office of the Premier of Mpumalanga. On 5 April 2017, while at work, a trade union (NEHAWU) protest occurred at the government offices. Protesters unlawfully entered the building, confronted Ms Churchill, verbally abused her, assaulted her, carried her out of her office, humiliated her publicly, and forcibly evicted her from the premises. She sustained minor physical injuries and serious psychiatric injuries, including PTSD, and later resigned from her employment. She sued the Premier and Director-General for delictual damages based on negligence in failing to provide a safe working environment. The respondents raised a special plea that her claim was barred by s 35(1) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), contending that her injuries were occupational and compensable exclusively under COIDA.

The appeal was upheld with costs. The High Court order was set aside and replaced with an order dismissing the special plea, declaring the Premier liable to compensate Ms Churchill for damages arising from the injuries suffered, and remitting the matter to the High Court for determination of the nature, extent, and quantum of damages.

This case clarifies the limits of COIDA’s exclusion of common-law claims, particularly where employees are injured by deliberate criminal conduct of third parties at the workplace. It reinforces that not all injuries occurring at work arise out of employment and confirms that employers may remain delictually liable where the risk is not incidental to the employee’s duties.