Churchyard v Redpath, Brown and Co Ltd [1911] ZAWLD 26 (23 June 1911)

Doctrine of Election - Master and Servant - Workmen's Compensation - Election to proceed under Act 36 of 1907 or at Common Law - Acceptance of Statutory Compensation.

Where a party has the choice of one of two remedies and to the knowledge of the persons concerned, does an act which would be justifiable, if he had elected one remedy, and would not be justifiable, if he had elected the other, the fact of his having done such an unequivocal act is deemed to be an election.

Acceptance by a workman of any compensation, with notice that it is being paid under the Workmen's Compensation Act (36 of 1907) amounts to an election, under sect.32, to proceed under the Act, and precludes any proceedings independently of the Act, provided that such acceptance has not been obtained improperly or unfairly and has been obtained from a person of full age.