Unger v Simmer Deep Ltd [1911] ZATPD 157 (22 November 1911)

Master and Servant - Workmen's Compensation - Serious and Wilful Mlsconduct - Act 36 of 1907, sec.2

A ganger, having been informed by a shift boss not to enter an unsafe stope in a mine, entered the said stope with a gang of Kafirs. A timberman then told him again that the stope was unsafe, but he remained there and was injured by a fall of rock due to the unsafe condition of the stope.

Held, that he had been guilty of "serious and wilful misconduct"  within the meaning of sec.2 of Act 36 of 1907, and was not entitled to recover compensation for his injury from his employers.