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Tshwene-ya-Mosadi used to work for Diamond Shapes Mine (DSM') as a miner. She is now a retiree. Three years after her retirement from DSM, she
Tshwene-ya-Mosadi used to work for Diamond Shapes Mine (DSM') as a miner. She is now a retiree. Three years after her retirement from DSM, she is diagnosed with tuberculosis, The doctor said that, she inhaled too much underground soft dust, which is the cause, and to control her illness, she needs constant medical attention which includes an oxygen support machine. Tshwene-ya-Mosadi is worried that, her pensions cannot cope with her medical needs. She filed a claim in terms of the applicable law. Although she is paid, the amount paid would not take her far insofar as her medical needs are concerned. 2.1 With relevant authority, answer the following questions; (1) Advise if Pudi can augment the claim paid above with a civil claim? (12) Which Act exactly does the term applicable law' as used above refers to and, why did Tshwene-ya-Mosadi had to rely on this particular "applicable law to claim compensation for her illness (3) (ill) What are the disadvantages of claiming compensation in terms of the applicable law in question (1)? (5) OHS2601 SEMESTER 2 ASSIGNMENT 02 2022 2.2 Explain the application and exceptions of the principle of vicarious liability in terms of the OHSA? (5) (25]
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