adminLabour Matters Davies Ndumiso Sibanda
Many supervisors and managers think that once they have delegated duties to subordinates, they have washed their hands in case anything goes wrong.In the case Mimosa Mining Company versus Samkange SC23/12, Samkange, an overseer miner had amongst other duties the responsibility for safety of all employees who worked in his shift under him. There was an incident in Samkange’s work site where after blasting, the rules required the overseer miner to carry out a safety examination of the area that had been blasted before employees could start work.
During examination, a hanging rock was discovered and it caused a danger to employees. Samkange instructed one of his subordinates a team leader to make the area safe. The subordinate could not make the area safe and he brought that to the attention of Samkange his supervisor. Both the subordinate and the boss did not do anything about the rock. They went on to do their other duties.
Later that day Samkange, despite knowing fully well that there was a dangerous rock, instructed a subordinate to go and lash there. He did not tell the subordinate about the overhanging rock and the subordinate did not see the rock. Later another subordinate came and started lashing on the same side and the rock fell on him and fractured his finger which had to be subsequently removed. Samkange was charged with gross negligence or wrongful omission that causes accidents, injury or death at work.
The matter went before the Labour Court which found Samkange not guilty as he had done what was expected of him in terms of his duties. The Supreme Court however took a different view that the overseer miner‘s duty was to ensure safety of the area being worked on and that had not been done and as such he was found guilty.
The lesson for managers is that when you delegate, you remain accountable and that accountability cannot be delegated.
Davies Ndumiso Sibanda can be contacted on: email:[email protected] <mailto:[email protected]> Or cell No: 0772 375 235
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