medico – legal report - vulpeswrongful... · barend p.g. maritz ps 012 9828 ... certificate for...

HEAD OFFICE:

Lombardy Business Park

Block 6, Unit 106

Cnr Cole & Graham Road

Pretoria

0042

BAREND P.G. MARITZ

Industrial Psychologist

PS 0129828

083 370 5568

MEDICO – LEGAL REPORT

VULPES CONSULTANTS (PTY) LTD

MR DEMO SAMPLE

REPORT DATE:

10 April 2017


Barend P.G. Maritz

PS 012 9828

Reference Number: EA000

Attorney

Example Attorneys

Reference Number: EA/DEMO/000

PLEASE NOTE: This report is of a STRICTLY CONFIDENTIAL nature with restricted circulation. If you

are unauthorised to read this report, please return it immediately to the report writer.

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MEDICO-LEGAL REPORT FOR MR DEMO SAMPLE

10 April 2017

STRICTLY CONFIDENTIAL

Biographical Information

Surname : Sample

Full name(s) : Demo

ID / Passport number : 19910524 0000 00 0

Gender : Male

Date of birth : 1991/05/24

Current age : 25 Years Old

Age at time of incident : 21 Years Old

Dependents : Fiancé

Marital status : Engaged

Place of birth : Demoville

Home language : Afrikaans

Physical address : No. 01 Sample Avenue

: Demoville Code: 1234

Contact number : +27 01 234 5678 (Own)

: Alternative: +27 01 234 5678(Farther)

Email : [email protected]

Date of incident : 2013/01/28

Pre-morbid employment : Internal Sales Representative at Company 2

Post-morbid employment : Internal Sales Representative at Company 2

Current employment : Operational Manager at Company 3

Date of evaluation : 2017/03/23

Highest qualification : Grade 12

Attended by : Barend Petrus Gerhardus Maritz

: Industrial Psychologist (PS 012 9828)

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TABLE OF CONTENTS

1. Introduction .................................................................................................................. 5

1.1. Purpose of report .................................................................................................................... 5

1.2. Method of assessment ............................................................................................................ 5

2. Supporting Information ............................................................................................... 5

3. Information Relating to the Incident ........................................................................... 7

3.1. Incident details ........................................................................................................................ 7

3.2. Injuries sustained .................................................................................................................... 9

3.3. Current difficulties and complaints .......................................................................................... 9

4. Behaviour Observation .............................................................................................. 10

5. Psychometric Evaluation .......................................................................................... 11

5.1. Reasoning abilities ................................................................................................................ 11

5.1.1. Verbal General Reasoning ............................................................................................ 11

5.1.2. Numerical General Reasoning ...................................................................................... 12

5.1.3. Abstract General Reasoning ......................................................................................... 13

5.2. Personality traits .................................................................................................................... 13

5.2.1. Response Style ............................................................................................................. 14

5.2.2. Interpersonal Style ........................................................................................................ 14

5.2.3. Thinking Style ................................................................................................................ 15

5.2.4. Coping Style .................................................................................................................. 15

5.3. Personal work profile ............................................................................................................. 16

5.3.1. Practical/Mechanical ..................................................................................................... 16

5.3.2. Scientific/Investigative ................................................................................................... 16

5.3.3. Persuasive/Influential .................................................................................................... 16

5.4. Potential career paths ........................................................................................................... 17

5.5. Discussion ............................................................................................................................. 17

6. Medical History .......................................................................................................... 18

7. Family History ............................................................................................................ 19

8. Educational History ................................................................................................... 19

9. Employment History .................................................................................................. 20

9.1. Employment pre-morbid ........................................................................................................ 20

9.1.1. Company 1 .................................................................................................................... 20

9.2. Employment at time of incident ............................................................................................. 20

9.2.1. Company 2 .................................................................................................................... 20

9.3. Employment post-morbid ...................................................................................................... 21

9.3.1. Company 2 continued ................................................................................................... 21

9.3.2. Company 3 (a) ............................................................................................................... 21

9.3.3. Company 3 (b) ............................................................................................................... 22

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10. Career Probabilities ................................................................................................... 22

10.1. Career summary ................................................................................................................... 22

10.2. Probable scenarios ............................................................................................................... 24

10.3. Scenario probability ............................................................................................................... 25

10.3.1. Scenario 1.1: Pre-morbid: Remained employed as an Internal Sales Representative . 25

10.3.2. Scenario 1.2: Post-morbid: Remained employed as an Internal Sales Representative25

10.3.3. Scenario 2.1: Pre-morbid: Remained employed as an Area Manager ......................... 26

10.3.4. Scenario 2.2: Post-morbid: Remained employed as an Area Manager........................ 27

10.3.5. Scenario 3.1: Pre-morbid: Remained employed as an Operational Manager and

becomes a Senior Operational Manager, towards becoming a Managing Director ..................... 29

10.3.6. Scenario 3.2: Post-morbid: Remained employed as an Operational Manager and

becomes a Senior Operational Manager, towards becoming a Managing Director ..................... 30

11. Retirement .................................................................................................................. 35

12. The South African Labour Legislation Impact ......................................................... 36

13. Conclusion ................................................................................................................. 37

13.1. Summary ............................................................................................................................... 37

13.2. Specialist’s Opinions: ............................................................................................................ 38

13.2.1. Mr CP (Clinical Psychologist): ....................................................................................... 38

13.3. Employer’s Opinions: ............................................................................................................ 39

13.3.1. Mr Owner (Supervisor): ................................................................................................. 39

13.4. Industrial Psychologist’s Opinion: ......................................................................................... 39

14. Disclaimer ................................................................................................................... 42

15. Addendum A .............................................................................................................. 43

15.1. Payslips ................................................................................................................................. 43

15.2. Appointment Letter: Operational Manager ............................................................................ 43

15.3. National Senior Certificate obtained from Secondary School ............................................... 43

15.4. School Attendance Confirmation Letter obtained from Secondary School ........................... 43

15.5. Certificate for Easy Roster Training Course obtained from Training and Education Institute 1

43

15.6. Certificate in Project Management obtained from Training and Education Institute 2 .......... 43

15.7. Certificate for Professional Selling Skills Training Course obtained from Training and

Education Institute 3 .......................................................................................................................... 43

15.8. Certificate of Commendation Confirmation Letter obtained from Training and Education

Institute 2 ........................................................................................................................................... 43

15.9. Certificate of Cum Laude Commendation obtained from Training and Education Institute 2

43

15.10. Higher Certificate in Project Management obtained from Training and Education Institute 2

43

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15.11. Certificate in Security Service Provider obtained from PSiRA (Private Security Industry

Regulatory Authority .......................................................................................................................... 43

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1. INTRODUCTION

1.1. Purpose of report

The purpose of this report is to provide a specialist opinion regarding the plaintiff’s previous

and current occupational status, future employment possibilities, and vocational potential. This

will be determined by utilising collateral information provided regarding the incident details,

injuries sustained, and current complaints, as a result of the incident. To conclude, the report

will also provide a basis regarding the client’s past loss of income, as well as their likely future

earnings, by taking the above-mentioned information into consideration.

1.2. Method of assessment

The information provided within this report, was gathered as follows:

• The completion of a biographical questionnaire;

• A collateral interview held;

• Behavioural observation during the consultation;

• Psychometric assessments conducted;

• Gathering of other relevant and contributing collateral information/documentation; and

• The integration of other relevant expert opinions.

The purpose of the consultation was thoroughly explained to the plaintiff. It was requested that

the client sign informed consent, understanding, and agreeing to the consultation session

before commencement. In addition, it was stated to the client that it is important to provide the

report writer with relevant and true information, as this will allow for compiling a comprehensive

report.

2. SUPPORTING INFORMATION

The following supporting documentation was received:

• Assignment Letter from Example Attorneys, dated 08 March 2017;

• Copy of Client’s Identification Document;

• Copy of Client’s Payslips for the position of Internal Sales Representative at Company

2, dated March 2013, April 2013, and March 2014;

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• Copy of Client’s Payslips for the position of Area Manager at Company 3, dated April

2014 to December 2014;

• Copy of Client’s Payslips for the position of Operational Manager at Company 3, dated

January 2015 to December 2015, January 2016 to December 2016, and January 2017

to February 2017;

• Copy of Client’s Appointment Letter as Operational Manager from Company 3, dated

15 August 2016;

• Copy of Client’s National Senior Certificate Obtained from Secondary School, dated

December 2009;

• Copy of Client’s School Attendance Confirmation Letter from Secondary School;

• Copy of Client’s Certificate for Easy Roster Training Course obtained from Training

and Education Institute 1, dated 03 February 2010;

• Copy of Client’s Certificate in Project Management obtained from Training and

Education Institute 2, dated September 2012;

• Copy of Client’s Certificate for Professional Selling Skills Training Course obtained

from Training and Education Institute 3, dated 10/17 November 2012;

• Copy of Client’s Certificate of Commendation Confirmation Letter obtained from

Training and Education Institute 2, dated 4 September 2012;

• Copy of Client’s Certificate of Cum Laude Commendation obtained from Training and

Education Institute 2, dated 2012;

• Copy of Client’s Higher Certificate in Project Management obtained from Training and

Education Institute 2, dated March 2014;

• Copy of Client’s Certificate in Security Service Provider obtained from Training and

Education Institute 4, dated 07 November 2016; and

• Copies of Specialist Reports: Mr CP (Clinical Psychologist), dated 02 and 03 August

2016.

The following individual was contacted with regards to additional collateral information:

• Owner of Company 3: Mr Owner (Supervisor), 24 March 2017 at 10H00 in the morning

and 29 March 2017 at 08H00 in the morning.

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3. INFORMATION RELATING TO THE INCIDENT

3.1. Incident details

The details of the incident reported below, is as described by the client during the collateral

interview held.

Mr Sample reported that on the 28th of January 2013, at approximately 22H00 in the evening,

he was involved in an incident leading to a wrongful arrest, and resulting in psychological

consequences impacting his occupational circumstances. According to the plaintiff, he was

travelling from Emperors Palace in Kempton Park on his way home, after he had dropped off

a friend. Mr Sample explained that he was driving a Renault Sandero Cup with his window

lowered, and that the street lights were not working at the time. After he approached, and

stopped at the corner of Long Street and Kempton Road intersection, Mr Sample felt a knife

pressed against his throat by a person who ordered him to switch off his headlights, and open

the vehicle’s doors.

Thereafter, four men climbed into Mr Sample’s vehicle, and instructed him to drive to an

unfamiliar location. Specifically, Mr Sample was driving as one man was holding a knife to his

throat, while directing Mr Sample where to drive. Mr Sample indicated that they were driving

for approximately ten minutes before they stopped at an abandoned house. One person

climbed out of the vehicle to open the gate where after the men took Mr Sample to an empty

room (inside the house), where he was instructed to sit on his knees. He reported that one

man took both his phone and wallet (containing R 800.00) from his right-hand side pocket.

This was when the men started to assault him by hitting and kicking him, whilst continuously

holding a knife to his throat. Later, the men took Mr Sample’s car keys from him, after which

someone yelled “popo-popo” (i.e., police). Consequently, his car keys were dropped on the

floor and the person with the knife ran away.

At this time, Mr Sample saw an opportunity to grab one of the men, and subsequently pushed

him through a window, in an attempt to get away. The man sustained a laceration on his arm,

however, managed to flee before the South African Police (SAPS) entered the premises. Mr

Sample explained that none of the perpetrators were ever caught. Mr Sample bent down to

collect his car keys and empty wallet, and ran to his vehicle. He saw another person standing

next to his vehicle who was shining a flashlight in his eyes. When the person lowered the

flashlight, the plaintiff recognised that it was an SAPS Official, and consequently explained

what had happened, and asked for help.

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After Mr Sample’s explanation and plea for help, the SAPS Officer did not believe him, and

told him that “you are lying, you are drunk”. As such, Mr Sample told him that he is welcome

to take him for a blood test, or let him use a breathalyser. The plaintiff and SAPS Officer

engaged in a back-and-forth argument on whether or not Mr Sample should get into the police

van. Eventually, the Officer agreed that they can drive Mr Sample’s vehicle to the Kempton

Park police station. When they arrived at the police station, the Officer provided Mr Sample

with two options. First, he can give the Officer a R 300.00 bribe, and then he is free to go.

Second, he can be locked up in a cell for four hours before he is released. Mr Sample told him

that he had been robbed, and therefore he does not have any money on him. Both the plaintiff

and SAPS Official got out of the vehicle which was when the Officer saw Mr Sample’s knife.

He explained that the knife’s purpose is for self-defence. The Officer simply replied, “this did

not help you tonight”, and placed it in his vest.

Mr Sample was taken to reception where he had to sign a form which stipulated his rights (i.e.,

the right to be tested for alcohol use and to make a telephone call). Mr Sample asked another

Officer to read his rights to him and to give him his rightful telephone call as his phone got

stolen, however both these requests were denied. Specifically, the plaintiff explained that the

Officer laughed and said “Sample, are you stupid? Can’t you read?”. The plaintiff indicated

that he was denied four requests to make a phone call to his uncle, Colonel Gerhard Sample

(Chief of Detectives at Kempton Police Station). The Officer had various excuses as to why

he cannot make such a call (e.g., they did not have the code to unlock the phone, they do not

have Colonel Gerhard Sample’s number, and the phones are not working).

At approximately 00H00 (midnight), Mr Sample was taken to a holding cell which exceeded

capacity. The plaintiff indicated that he was forced into the cell where he stood up straight for

approximately four hours. He refused to sit down because of the rats and unhygienic

circumstances. He repeatedly requested for blood workups to prove that he was not under the

influence of alcohol and further requested his right to a phone call. After approximately five

hours, Colonel Tilly (Commander of Charges in the evening) arrived at the holding cells for

the first time. Interestingly, the plaintiff indicated that Colonel Tilly was supposed make his

rounds to the holding cells at 00H00, 02H00, and 05H00. Nevertheless, when the Colonel

arrived at the cell, Mr Sample asked once more to call his uncle or father. Colonel Tilly walked

away and called Colonel Gerhard Sample to let him know that his nephew was at the Kempton

Park police station.

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According to Mr Sample, approximately one hour later, Colonel Gerhard Sample arrived at the

police station and removed the plaintiff from the cell. He noticed that his upper lip was cut, his

left eye was swollen, along with the laceration on his neck, which Mr Sample sustained prior

to the wrongful arrest. Mr Sample signed out and waited for his father to arrive at the police

station. When his father arrived, he took Mr Sample to their house Doctor for a general check-

up. Following the wrongful arrest, the plaintiff’s father made an appointment with Colonel

Gerhard Sample to obtain the relevant documentation to serve as evidence of the wrongful

arrest (e.g., the holding cell register which stated that Mr Sample was intoxicated etc.).

However, this process lasted approximately two months before the plaintiff’s father had

obtained all the necessary documentation to prove Mr Sample’s innocence. Thereafter, Mr

Sample and his father sought legal advice on the process to follow to take legal action against

the SAPS.

3.2. Injuries sustained

According to Mr Sample, he sustained the following injuries:

• A bruised upper lip;

• Bruises all over his body; and

• Lacerations on his neck.

Mr CP (Clinical Psychologist) lists the following injuries as indicated by the plaintiff:

• A cut on his lip;

• A left swollen eye;

• A cut mark on the left side of his neck; and

• Blue marks on the rest of his body.

3.3. Current difficulties and complaints

Mr Sample stated in the interview that:

• He experiences fear when driving at night;

• His social life has been impacted by the incident as he does not want to attend social

events at night; and

• He refuses to communicate with the SAPS as he becomes angry, fearful, and anxious,

which has negatively impacted his current work duties.

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According to Mr CP (Clinical Psychologist), the following current complains and symptoms

were mentioned:

• He suffers from a Post-Traumatic Stress Disorder (PTSD), which has led Mr Sample

to doubt his abilities and caused anxiety and depressive symptoms;

• He experiences fear and anxiety when he sees police officers;

• He experiences feelings of distrust and fear of authority figures (i.e., he feels he cannot

trust the police and that they may harm him again);

• He will not phone the police if he is in trouble because of the incident;

• Intrusive thoughts are present and he experiences regular flashbacks of the incident;

• He prefers not to be alone;

• His self-esteem has been negatively influenced; and

• At present, there is anger present to what has happened to him.

All aforementioned were observations and information as stated by the plaintiff, and were duly

verified by the specialist reports received.

4. BEHAVIOUR OBSERVATION

The following behavioural observations were noted during the consultation session:

• Mr Sample arrived a few minutes late for the consultation session due to traffic, and

was accompanied by his father (Mr Owner);

• Mr Owner did, however indicate prior to the appointment, that they might be a few

minutes late on that specific day;

• Mr Sample was casually dressed and well-mannered;

• At times, he seemed angry and frustrated when talking about the incident;

• He was comfortable to conduct the consultation session in Afrikaans, and he could

express himself to a great extend; and

• He was co-operative during the consultation session, and provided as much as

possible detailed information.

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5. PSYCHOMETRIC EVALUATION

The purpose of the psychometric evaluation is to make use of an evidence-based approach,

in order to determine the client’s potential cognitive ability, personality traits and possible

vocational interests. This contributes when suggesting alternative employment, specifically for

the client. The psychometric assessment battery consists of the following instruments:

Instrument Name Purpose

General Reasoning Test Battery (GRT2) This assessment measures cognitive ability.

Occupational Personality Profile (OPPro) This assessment measures personality traits.

Occupational Interest Profile (OIP) This assessment measures vocational interest.

Table 1: Instruments utilised for the psychometric assessment.

The results regarding the psychometric assessments, were as follows:

5.1. Reasoning abilities

5.1.1. Verbal General Reasoning

The Verbal General Reasoning Test assesses a person’s ability to use words in a logical way,

consisting of items which involve an understanding of vocabulary, class membership and the

relationships between words. This test measures the ability to perceive and understand

concepts and ideas expressed verbally. While this test is a measure of reasoning ability rather

than educational achievement, it is nonetheless generally recognised that verbal reasoning

test scores are sensitive to educational factors.

Assessment Result: Mr Sample’s performance on the verbal reasoning test indicates that

he has an average level of verbal reasoning ability when compared to the chosen reference

group. This suggests that he is likely to be as able as most staff in general level employment

to understand relatively complex verbal concepts and ideas, to be able to perceive the

relationships between these and to deduce their logical consequences. He has demonstrated

an average level of ability to be able to use words in a logical and rational way. This indicates

that he has a reasonable command of language. However, it can be expected to take him a

little longer than it may take the highest calibre staff to fully appreciate particularly difficult

concepts and very subtle shades of meaning.

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While Mr Sample should be able to formulate arguments in a fairly logical manner, he may

have a little difficulty understanding the finer points of complex arguments. He should be as

able as most staff to understand new ideas, and explain them coherently to others. However,

he may not always fully appreciate the underlying logic, especially if it is very complicated.

Nevertheless, he should be able to learn routine material without undue difficulty, but it is likely

to take him a little longer to understand particularly complex material or very subtle arguments.

He should be able to benefit from routine training and development programmes which require

a reasonable level of verbal ability, and which require participants to learn relatively complex

new (verbal) material.

5.1.2. Numerical General Reasoning

The Numerical General Reasoning Test assesses a person’s ability to use numbers in a logical

and rational way. The test consists of items assessing a candidate’s understanding of a

number series, numerical transformations, the relationships between numbers and the ability

to perform numerical computations.

Assessment Result: Mr Sample’s performance on the numerical reasoning test indicates

that he has a well above average level of numerical reasoning ability when compared to the

chosen reference group. The score he obtained on this test indicates that his level of numerical

reasoning ability is likely to exceed that of many staff in general level employment. He has

demonstrated an ability to accurately perceive the logical patterns and relationships between

numbers, to be able to understand the rules that govern these patterns, and to deduce the

logical consequences of them.

In a broader context, this suggests that Mr Sample has a good understanding of numbers,

how they are related, and an ability to grasp relatively complex numerical/mathematical

concepts. In other words, he has demonstrated an ability to work with numbers in quite a

logical and rational way, to carry out numerical operations fairly accurately, and to be able to

solve reasonably complex numerical problems. This suggests that he should be able to cope

with the demands of most general level jobs that require working with numbers, without

difficulty. Moreover, with appropriate training he should have a sufficient level of numerical

ability to be able to acquire higher level numerical skills.

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5.1.3. Abstract General Reasoning

The Abstract General Reasoning Test assesses the ability to understand complex concepts,

and assimilate new information outside of previous experience. The test consists of items

which require the recognition of patterns, and similarities between shapes and figures. As a

measure of reasoning it is independent of educational attainment and can be used to provide

an indication of intellectual potential. Assessing the ability to quickly understand and assimilate

new information, it is likely to predict how responsive to training a person will be.

Assessment Result: Mr Sample’s score on the abstract reasoning test indicates that, with

respect to the chosen reference group, he has an excellent level of fluid or “natural” (i.e.,

untutored) reasoning ability. Mr Sample’s score on this test is within the top 15% of the chosen

reference group. This suggests that his level of fluid reasoning ability is likely to be in excess

of that of most staff in general level employment. More specifically, he has demonstrated a

good level of ability to perceive abstract logical patterns and relationships between novel

material he has never encountered before, to correctly identify these patterns, and deduce the

consequences of them using pure logic (i.e., without calling upon other knowledge/information

such as his vocabulary, knowledge of mathematical operations, etc.).

Mr Sample’s performance suggests that he has a good ability to grasp new concepts and

ideas outside of his previous realm of experience, and to understand abstract logic (i.e., logical

relationships which are not contextualised). This should enable him to quickly understand new

material, even if it is complex and abstract in nature. Finally, he is likely to learn complicated,

intellectually demanding material much more quickly than most staff in general level

employment, and should be able to put further training and development to good use.

5.2. Personality traits

The Occupational Personality Profile is a general personality profile designed to assess a

broad range of personality traits. These traits assess the client’s characteristic ways of

behaving across a wide range of situations. Identifying behaviour preferences across nine

major personality constructs as well as the big five personality traits (McCrae and Costa,

1987). These provide insight into how people typically think, feel, and interact in ways that

may be productive or counter-productive in a work setting.

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5.2.1. Response Style

The OPPro contains a measure that examines the way in which the respondent has

approached the questionnaire. The questionnaire contains a measure of the extent to which

the respondent is attempting to present themselves in a socially desirable or favourable way.

Mr Sample appears to have answered the questions realistically and has attempted to present

an accurate picture of himself. His social desirability score is average.

5.2.2. Interpersonal Style

Mr Sample is not a very assertive person and usually tries to avoid criticising other people

unless it is really necessary to do so. He is an understanding and considerate person who is

sensitive to other people’s feelings. As such, he dislikes conflict and will try to avoid

disagreements between people. If someone has made a mistake, he may avoid mentioning it

rather than bring it up and possibly upset the other person. When faced with people who are

arguing and disagreeing with each other, he will try to smooth things over and reach a solution

which everyone is happy with. However, he may be inclined to give in a little too easily to other

people. Therefore, he may find it difficult at times to get his own way, especially if the other

person is difficult or strong willed.

Mr Sample is likely to give in to other people, pretending that he agrees with them while

privately he has really changed his mind. He is a fairly good listener, and will often prefer to

sort out people’s problems, rather than be responsible for making sure that the work is

completed on time. In general, he prefers not to take the lead, as he feels uncomfortable when

he has to tell other people what to do. Because of this, management is unlikely to interest him

much at the moment, however as one matures within their working environment, this aspect

changes drastically.

Many people will see Mr Sample as a little quiet and shy. It will take him some time to make

new friends and he will usually not make the first move when getting to know new people.

Once he has made friends, his friendships are likely to be strong and will probably last a long

time. He may find meeting new people a bit of a strain and this is something he does not look

forward to. Consequently, he is not likely to enjoy a job which involves meeting lots of new

people. Correspondingly, he will enjoy working on his own, away from the distraction of other

people.

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Mr Sample tends to slip into the background at parties and may “take a back seat” when

groups of people get together as he does not like being the centre of attention. Because he

prefers to spend time alone, he is not likely to enjoy jobs which involve working closely with

groups of people. Therefore, he may decide to look for work which will allow him to work by

himself or with one or two others he can get to know well.

5.2.3. Thinking Style

Mr Sample is likely to act on the spur of the moment rather than plan ahead. At times, he may

not follow rules and set procedures, preferring to do things his own way. In addition, if he thinks

that a rule does not make sense, he is likely to question it. Moreover, Mr Sample is likely to

think that respect has to be earned. He may not enjoy jobs which require attending to detail.

Consequently, when he has to attend to detail, he is likely to make careless mistakes. He is

not very self-disciplined or controlled and is not likely to see boring or repetitive tasks through

to the end. Because he becomes easily upset, he will find it difficult to concentrate on one

thing at a time, especially when there is a lot of noise around him. Moreover, he is a fairly

unconventional person who is not likely to value traditional views and opinions. In fact, he may

often question or disagree with a point of view simply because he thinks it is old fashioned.

Mr Sample has a balanced approach towards taking risks, being no more likely than most

people to take a chance. Even so, he may well take a risk if he thinks that the chances of

success are quite good or if it is something which he really wants to do. However, nobody

would describe him as a person who greatly enjoys danger or as somebody who takes

unacceptable risks. Therefore, he is unlikely to be attracted to very unstable careers because

of the risks involved. Instead, he may possibly prefer to work in a fairly large organisation

which will give him a clear career structure. If he has a very strong interest in an area where

most people are self-employed (e.g., artist, actor etc.), he may consider such a career, but

should remember that such jobs are often not very stable.

5.2.4. Coping Style

Mr Sample is a little more moody and sensitive than many people and may be a little emotional.

He may take offense at the things other people say, even if they did not really mean to upset

him. From time to time, he may get irritated or annoyed by small and unimportant things. In

addition, he is inclined to worry and think about past events. Consequently, he may find it

difficult to put past failures behind him, forgetting about them and getting on with other things.

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Mr Sample may be easily distracted and can find it difficult to concentrate on his work if he is

in a noisy environment. He is a fairly sensitive person and may not find it easy to accept

criticism, even if it is well meant. He is likely to worry that his work is not up to standard and if

the workload is high, he may have difficulty coping with the pressure. Some careers are more

stressful than others and Mr Sample may wish to avoid those which are particularly stressful.

5.3. Personal work profile

The personal work profile assesses the client’s vocational interests. This is purely to determine

in which occupational domain the client shows most interest in. This allows for narrowing the

various career paths down to the top three domains, as reported in the assessment results.

Please note that this assessment does not take the client’s competencies and abilities into

consideration, only interest.

5.3.1. Practical/Mechanical

Activities involving the use of machinery and other practical occupations: Mr Sample

appears to be very interested in how things work and will probably enjoy mending machinery,

and achieving a sense of satisfaction from making things. He will probably be quite happy to

mend household electrical appliances, bicycles and to carry out routine maintenance of cars

etc. He is very likely to be interested in practical and mechanical careers and should certainly

consider these areas of work. Careers in areas such as engineering, manufacturing, the

building industry, or printing are all worth finding out more about.

5.3.2. Scientific/Investigative

Activities involving the understanding of natural or physical sciences: Mr Sample

appears to be moderately interested in scientific careers. However, he may not be very

interested to learn about physics, chemistry or biology based topics. Because of his moderate

level of interest in the natural sciences, he is fairly unlikely to consider laboratory work,

chemical engineering, metallurgy, medicine etc. when looking for a career. In general, he may

possibly not show a great deal of enthusiasm for science.

5.3.3. Persuasive/Influential

Activities involving persuasive skills and the control of others: Mr Sample appears to be

less interested than most to work in situations which will require him to constantly convince

other people that what he has to offer may suit their requirements. Many occupations which

do not involve direct selling involve having to present information in a convincing and

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persuasive manner. Consequently, he may wish to avoid jobs which include a significant

amount of direct or indirect selling. Such jobs may include canvassing, telesales, retail work,

consultancy etc.

5.4. Potential career paths

The possible career paths provided below serves as a guideline only, and not necessarily the

actual capacity to perform such work. It is important that the plaintiff’s current situation is also

taken into consideration when recommending an alternative career path.

Skill Requirement Possible Career Paths

High Mechanical Engineer

Moderate-High Engineer Engineering Technician

Moderate-Low Electrical Engineer Auto Mechanic Plumber

Low Welder Plater Production Line

Worker Engineering Machine

Operator

Table 2: The possible career paths mentioned above only takes the psychometric evaluation into consideration.

Taking into consideration Mr Sample’s current level of education, work experience, age,

background, and assessment results above, he would fall into the category for Moderate-Low

skilled employees. Therefore, as indicated in the table above, recommended career paths

include an Electrical Engineer, Auto Mechanic, or Plumber. This does not seem to correlate

with his current employment, being employed as an Operational Manager at Company 3.

5.5. Discussion

Regarding the results of the aforementioned psychometric assessments, Mr Sample has

demonstrated an average level of verbal reasoning ability which suggests that he can use

words in a logical and rational way, and he has a reasonable command of language. However,

his numerical and abstract reasoning ability is well above average. This indicates that he can

accurately perceive the logical patterns and relationships between numbers and abstract

concepts, to be able to understand the rules that govern these patterns, and deduce their

logical consequences. In addition, Mr Sample has a good ability to grasp new concepts and

ideas outside of his previous realm of experience, and to understand abstract logic (i.e., logical

relationships which are not contextualised).

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sensitive to other people’s feelings, as he dislikes conflict and will try to avoid disagreements

between people. Moreover, he prefers not to take the lead as he feels uncomfortable when he

has to tell other people what to do. Because of this, management is unlikely to interest him


changes drastically. Correspondingly, Mr Sample is a fairly good listener and will often prefer

to sort out people’s problems, rather than be responsible for making sure that the work is

completed on time.

Nevertheless, Mr Sample has a balanced approach towards taking risks and may well take a

risk if he thinks that the chances of success are quite good. Nonetheless, he may be quick to

take offense at the things other people say, even if they did not really mean to upset him. He

is a fairly sensitive person and may not find it easy to accept criticism, even if it is well meant.

Mr Sample is likely to worry that his work is not up to standard and if the workload is high, he

may have difficulty coping with the pressure.

When combining the general reasoning, occupational personality profile and occupational

interest psychometric assessment results, and keeping in mind his current situation, it seems

that Mr Sample would be most suited for occupations such as an Electrical Engineer, Auto

Mechanic, or Plumber. Taking into consideration his level of education and specific skillset, a

relatively weak correlation was found between his preference and his current position, namely

an Operational Manager at Company 3.

6. MEDICAL HISTORY

It seems that Mr Sample has progressed successfully through the various developmental

stages of life (birth, baby, toddler, teenager, and adulthood). Mr Sample did not mention any

other serious illnesses, medical conditions, or operations prior to the incident.

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7. FAMILY HISTORY

Name & Surname Relation Date of Birth Occupation Education

Andrew Sample Father 1964 Owner of

Company 3 Grade 12

Alta Sample Mother 1967 Teacher Diploma in Education

Anushka Nadine Sample

Sister 1994 Lawyer LLB Degree

Table 3: The information provided above is as described by the plaintiff during the collateral interview held.

8. EDUCATIONAL HISTORY

Institution Grade/Qualification Date

Secondary School Grade 12 2009

Training and Education Institute 1

Easy Roster Training Course 2010


Certificate in Project Management

2012


Certificate of Cum Laude Commendation

2012


Professional Selling Skills Training Course

2012


Higher Certificate in Project Management

2014


Certificate in Security Service Provider

2016

Table 4: The plaintiff provided copies of his qualifications in order to verify the above stated information.

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9. EMPLOYMENT HISTORY

9.1. Employment pre-morbid

9.1.1. Company 1

Company Company 1

Position Data Capturer

Paterson level A1/A2

Duration of employment July 2010 - March 2011

Duties Capture data relating to timetables and number of security guards per

shift.

Basic Salary R 2,500.00 (per month) R 30,000.00 (per annum)

Benefits None

Reason for leaving Management difficulties related to family matters being overtly

discussed at work.

Table 5: No financial documentation was made available in order to verify the above stated information.

9.2. Employment at time of incident

Date of the incident: Mr Sample was involved in an incident on the 28th of January 2013. He

was employed as an Internal Sales Representative at Company 2 at the time of the incident.

9.2.1. Company 2

Company Company 2

Position Internal Sales Representative

Paterson level B1/B2

Duration of employment April 2011 - January 2014

Duties Sell products to current clients and/or potential clients.


Benefits Commission, pension fund, leave pay, vendor incentive, and product

incentive.

Reason for leaving Not Applicable

Table 6: Financial documentation was made available in order to verify the above stated information.

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10 April 2017


9.3. Employment post-morbid

Leave from work: Mr Sample’s recuperation period lasted for approximately twenty days

during which he was financially compensated. Mr Sample returned to work in the same

capacity as prior to the incident, namely an Internal Sales Representative. However, the

plaintiff indicated that his employer became agitated when he wanted to attend his clinical

psychology consultations after he exhausted his annual leave.

9.3.1. Company 2 continued

Company Company 2

Position Internal Sales Representative


Duration of employment February 2013 - March 2014

Duties Sell products to current clients and/or potential clients.


Benefits Commission, pension fund, leave pay, vendor incentive, and product

incentive.

Reason for leaving The incident occurred which made it difficult for Mr Sample to cope with

his work duties (i.e., night shifts when taking stock).


9.3.2. Company 3 (a)

Company Company 3

Position Area Manager


Duration of employment April 2014 - December 2015

Duties Patrolling areas in the evenings.


Benefits None

Reason for leaving The aftermath of the incident continued to make it difficult for Mr Sample

to cope with his work duties (i.e., night patrol).


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9.3.3. Company 3 (b)

Company Company 3

Position Operational Manager


Duration of employment January 2016 - Current

Duties Visit clients, coordinate guards for day and night shifts.


Benefits None

Reason for leaving Not Applicable

Table 9: Financial documentation was made available in order to verify the above stated information. It should be

noted that Mr Sample was laterally moved from the position of Area Manager to Operational Manager. Therefore,

no salary increase was applicable. The above stated information shows Mr Sample’s most recent income as

reflected in his latest payslip (dated February 2017) which was subject to CPI increases.

10. CAREER PROBABILITIES

This section is utilised to establish the plaintiff’s pre-and post-morbid career probabilities,

taking into consideration information related to the incident, behavioural observation,

psychometric evaluation, medical history, family history, educational background, and

employment history.

10.1. Career summary

Mr Sample was born in Kempton Park in 1991, and completed his Primary School education

at Laerskool Impala, obtaining his Grade 7 qualification. Thereafter, he progressed to Grade

8 at Secondary School, where he obtained his Grade 12 qualification in 2009. Mr Sample’s

subjects during his time at Secondary School included Afrikaans Home Language (52%),

English First Additional Language (60%), Mathematical Literacy (71%), Life Orientation (56%),

Civil Technology (38%), Computer Applications Technology (55%), and Tourism (60%). For

six months after he graduated with his National Senior Certificate, Mr Sample was seeking

employment.

In July 2010, he successfully obtained employment, and was appointed by Company 1 as a

Data Capturer, earning on a Paterson A1/A2 level. This level is the basic entry level of an

unskilled and defined decision-making individual. Mr Sample increased his skillset by

completing various training courses on a part-time basis which are related to sales in 2010

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and 2012, a Project Management Certificate in 2012, and a Project Management Higher

Certificate in 2014. Consequently, he progressed to hold the position of Internal Sales

Representative at Company 2 in April 2011. Due to yearly CPI increases and higher

responsibilities, Mr Sample was earning on a Paterson B1/B2 level in 2014. This is the basic

level of a semi-skilled and discretionary decision-making individual.

Mr Sample resigned from the aforementioned company due to reasons related to the incident.

Consequently, he secured employment at Company 3 in April 2014 as an Area Manager,

earning on a Paterson B1/B2 level. Thereafter, Mr Sample was laterally moved to an

Operational Management position in January 2016, with the intention of accommodating him

(i.e., not having to do night patrols as he is still fearful of driving at night since the incident). At

present Mr Sample continues to function in the capacity of Operational Manager at Company

3, earning on a Paterson B2/B3 level.

Given Mr Sample’s level of education, age and specific skillset, the possibility of him

progressing beyond a Paterson B2/B3 level the future is good. Taking only his qualifications

into consideration, it is not foreseen that he will progress further than a Paterson C1/C2 level

before reaching career glass ceiling, as benchmarked in Table 14, page 32. However, Mr

Sample’s earnings will likely increase in future, beyond a Paterson C1/C2 level, depending on

promotions, CPI increases, and relevant company/industry. Proof positive, due to the fact that

Mr Sample works at a well-established family-owned business, the likelihood of him taking

over the company in future is good.

In addition to the abovementioned, the plaintiff’s psychometric evaluation demonstrates that

he has the potential to advance to a more senior management role in his field of expertise

(i.e., being Mr Owner’s successor). Nevertheless, taking into consideration yearly salary

increases, it is foreseen that he will progress towards but not beyond earning on a Paterson

D2/D3 level, before reaching career glass ceiling.

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10.2. Probable scenarios

Scenario Outcome Potential Loss

Scenario 1 1.1 Pre-morbid: Remained employed as

an Internal Sales Representative

A potential loss of ± R 101,185.08

(Internal Sales Representative position

salary) annually + yearly CPI increase.

1.2 Post-morbid: Remains employed as

an Internal Sales Representative


an Area Manager

A potential loss of ± R 97,932.00 (Area

Manager position salary) annually +

yearly CPI increase.

A definite loss of ± R 22,771.56 (R

3,253.08 difference between Internal

Sales Representative position salary and

Area/Operational Manager position salary

for ± 7 years) + a yearly CPI increase.

2.2 Pre-morbid: Remained employed as

an Area Manager


an Operational Manager and becomes a

Senior Operational Manager, towards

becoming a Managing Director

A potential loss of ± R 108,667.92 (current

salary) annually + yearly CPI increase.

A potential loss of ± R 71,332.08 per

annum (R 180,000.00 Senior Operational

Manager position salary - R 108,667.92

current position salary) + yearly CPI

increase.

A potential loss of ± R 396,000.00 per

annum (R 576,000.00 Managing Director

position salary - R 180,000.00 Senior

Operational Manager position salary) +

yearly CPI increase from the year he turns

40 years of age.

3.2 Post-morbid: Remained employed as

an Operational Manager and becomes a

Senior Operational Manager, towards


Table 10: The calculation of losses stated above is based on the normal retirement age of 60. These amounts do

not include any future treatment, surgery or follow-up appointments as mentioned by other specialists.

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10.3. Scenario probability

This section is utilised to describe the various scenarios highlighted above, and to report on

the probability of each scenario becoming a reality for the plaintiff.

10.3.1. Scenario 1.1: Pre-morbid: Remained employed as an Internal Sales

Representative

At the time of the incident, Mr Sample was employed as an Internal Sales Representative at

Company 2. Based on the plaintiff’s medical, educational and employment history as reflected

in Sections 6, 8 and 9 of this report, it is inferred that Mr Sample could have continued to

successfully function in the capacity of an Internal Sales Representative, had the incident not

occurred. Specifically, Mr Sample would have been psychologically equipped to function in

the latter position, prior to the reported incident. He would have sustained the required levels

of confidence and psychological capability to conduct stocktake duties which usually occurred

after hours (i.e., during the evenings) and maintain a satisfactory productivity level. Moreover,

he would have been comfortable to drive alone at night.

Taking the abovementioned information into consideration, the writer reached the following

verdict with regards to the plaintiff remaining employed as an Internal Sales Representative,

had the incident not occurred:

Verdict: This scenario has a probability of 80% (Highly Probable).

10.3.2. Scenario 1.2: Post-morbid: Remained employed as an Internal Sales

Representative

After the incident occurred, Mr Sample continued to function in the capacity of Internal Sales

Representative. The plaintiff indicated that he had to recuperate for approximately twenty

days, excluding his intermittent consultations with a clinical psychologist after his annual leave

was exhausted. However, the plaintiff further mentioned that he received his normal salary in

full while he was away from work.

Mr Sample reported that his salary details as an Internal Sales Representative were as follows:

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10 April 2017


Internal Sales Representative

Information Obtained from Client

Salary Per Month

(2015)

Total Package Per Annum

(2015)

Basic Salary R 8,432.09 R 101,185.08

Table 11: Financial documentation by means of Payslips was made available in order to verify the above stated

information.

Mr CP (Clinical Psychologist) concludes his report by stating that Mr Sample displays “Post

Traumatic Stress Symptoms as led to Mr Sample to doubt his abilities and caused anxiety and

depressive symptoms”. As such, Mr Sample felt forced to resign from Company 2 because of

two reasons. First, he experienced a great deal of difficulty driving in the evenings which was

often required. Second, the plaintiff indicated that his employer became agitated when he

wanted to attend his clinical psychology consultations after he exhausted his annual leave.

Mr Sample resigned from the position of Internal Sales Representative due to the

psychological impact the incident had on his emotional wellbeing and working ability. In other

words, he did not remain in this level of employment and sustained a definite loss. However,

the plaintiff secured alternative employment, directly after resigning from the position of

Internal Sales Representative. Therefore, only the difference in remuneration from an Internal

Sales Representative, and the position as stated in Section 10.3.4. should be taken into

consideration.

Verdict: This scenario has a probability of 0% (Inevitable).

10.3.3. Scenario 2.1: Pre-morbid: Remained employed as an Area Manager

After Mr Sample resigned from Company 2, he secured employment at his father’s company

as his father felt the need to accommodate him. Specifically, he was appointed as an Area

Manager at Company 3.

Based on the plaintiff’s medical, educational and employment history as reflected in Sections

6, 8 and 9 of this report, it is inferred that Mr Sample could have continued to successfully

function in the capacity of an Area Manager, had the incident not occurred. Specifically, Mr

Sample would have been psychologically equipped to function in the latter position, prior to

the reported incident. He would have sustained the required levels of confidence and

psychological capability to patrol areas in the evenings, communicate with stakeholders (e.g.,

SAPS Officials), and maintain a satisfactory productivity level.

27


10 April 2017



verdict with regards to the plaintiff remaining employed as an Area Manager, had the incident

not occurred:


10.3.4. Scenario 2.2: Post-morbid: Remained employed as an Area Manager

After Mr Sample had resigned from Company 2, he secured employment as an Area Manager

at Company 3. Mr Sample reported that his current salary details as an Internal Sales

Representative is as follows:

Area Manager

Information Obtained from Client

Salary Per Month

(2014)

Total Package Per Annum

(2014)

Basic Salary R 8,161.00 R 97,932.00

Table 12: Financial documentation by means of Payslips, and Supervisor confirmation, was made available in order

to verify the above stated information.

Mr CP (Clinical Psychologist) specifically mentions that his “feelings of helplessness that may

fade but will be part of Mr Sample's life forever”. This statement has been proven to carry a

significant amount of weight when one considers the impact the incident had on Mr Sample’s

employment history post-morbid. Case in point, the plaintiff’s current employer had to

accommodate him as Mr Sample was unable to conduct his prescribed duties (e.g., night

patrols and communicating with SAPS). Consequently, Mr Owner (Supervisor) was forced to

laterally move the plaintiff within the company.

This is a second demonstration that Mr Sample, yet again had to change his position since he

cannot fulfil his overall job function as a result of the incident. Mr Owner (Supervisor)

mentioned that the plaintiff’s “salary would have been market-related before the incident as

he would not have been anxious to work the night shift”. Mr Owner (Supervisor) also explained

that “the incident definitely had a negative influence on his performance, so much so that it

impacted my work because I had to manage my time in order to accompany him on night

patrols which is not part of my duties”. The deduction can thus be made that the aftermath of

the incident had a negative impact on Mr Sample’s emotional wellbeing, as the plaintiff

appears to struggle to function in one position (i.e., job-hopping has been perpetuated to a

certain extent).

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10 April 2017


Specifically, it should be noted that Mr Sample sustained a definite loss of approximately R

22,771.56 (R 3,253.08 difference between Internal Sales Representative position salary and

Area/Operational Manager position salary for approximately seven years) plus a yearly CPI

increase. This is evident in Mr Sample’s annual income decrease after he felt forced to resign

from the position of Internal Sales Representative to function as an Area Manager, as a result

of the psychological consequences caused by the reported incident.

The definite loss that Mr Sample sustained include include the years he functioned as an

Operational Manager, as he was laterally moved from the Area Manager position, with no

salary increase. In other words, the definite loss is adjusted until the year in which the plaintiff

turns 30 years of age, as it is projected to be the approximate age that he will be eligible for

promotion (i.e., salary increase). Specifically, the calculation captures both Mr Sample’s past

and future loss of income as a result of the reported incident:

1. Past loss of income: Approximately R 9,759.24 (R 3,253.08 difference between

Internal Sales Representative position salary and Area/Operational Manager Salary

for three years) plus a yearly CPI increase. This calculation is from the date he

secured employment as an Area/Operational Manager (i.e., April 2014) to April 2017;

and

2. Future loss of income: Approximately R 13,012.32 (R 3,253.08 difference between

Internal Sales Representative position salary and Area/Operational Manager Salary

for approximately four years) plus a yearly CPI increase. This calculation is from May

2017 to December 2021, the projected time for Mr Sample to become eligible for a

promotion to Senior Operational Manager (i.e., salary increase) in the year he turns

30 years of age.

However, it is recommended that above-mentioned calculations be reviewed by the appointed

Actuary.

Verdict: This scenario has a probability of 0% (Inevitable).

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10 April 2017


10.3.5. Scenario 3.1: Pre-morbid: Remained employed as an Operational Manager and

becomes a Senior Operational Manager, towards becoming a Managing Director

Mr Sample is currently employed as an Operational Manager and has approximately three

years’ experience in security. Based on the plaintiff’s medical, educational and employment

history as reflected in Sections 6, 8 and 9 of this report, it is inferred that Mr Sample could

have continued to successfully function in the capacity of an Operational Manager, had the

incident not occurred. Specifically, Mr Sample would have been psychologically equipped to

function as an Operational Manager, prior to the reported incident. He would have sustained

the required levels of confidence and psychological capability to patrol areas in the evenings,

communicate with stakeholders (e.g., SAPS Officials), and maintain a satisfactory productivity

level.

The plaintiff demonstrated an excellent level of numerical and abstract reasoning ability, which

points towards his ability to perceive and understand the relationships between complex

numerical, and abstract ideas and concepts. Proof positive, Mr Sample has completed tertiary

qualification certificates in Project Management, in order to increase his skillset. In addition,

his evaluated thinking style suggests that he is likely to act on the spur of the moment and if

he thinks that a rule does not make sense, he is likely to question it. This line of thought is

useful when operating in seemingly dangerous situations such as house break-ins. In other

words, it is useful to react to certain situations, rather than wasting time on planning how to

act and control the situation.

However, Mr Sample’s psychometric results further suggest that he prefers not to take the

lead as he feels uncomfortable when he has to tell other people what to do. Because of this,

management is unlikely to interest him much at the moment, however as one matures within

their working environment, this aspect changes drastically. Correspondingly, Mr Sample is a

fairly good listener and will often prefer to sort out people’s problems, rather than be

responsible for making sure that the work is completed on time. Even so, he may well take a

risk if he thinks that the chances of success are quite good or if it is something which he really

wants to do. However, nobody would describe him as a person who greatly enjoys danger or

as somebody who takes unacceptable risks. All things considered, the plaintiff’s prospects of

progressing in his career would have been very good.

A probable career path and promotion opportunity for Mr Sample entails becoming a Senior

Operational Manager. Should he have been promoted to such a position, he would have

progressed towards but not beyond a Paterson B4/B5 level. Taking into consideration Mr

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Sample’s level of education, age, experience, psychometric assessment results and skillset,

there was an almost excellent probability that he would have secured employment as a Senior

Operational Manager at Company 3. In addition, the plaintiff’s medical history prior to the

incident indicates that he did not have any psychological limitations he had to deal with, which

could have hindered possible promotion opportunities.

More specifically, it is projected that by the time Mr Sample turns 40 years of age, he would

have been capable of taking over Company 3, thereby becoming the Managing Director. This

assumption rests on a twofold process. Firstly, Mr Sample’s father may consider retirement

approximately fourteen years from the date of this report, as individuals who operate in family-

owned businesses (self-employed) tend to work beyond the compulsory retirement age of 65

years old. Secondly, the plaintiff can be considered as the current Managing Director’s

successor who will then be 40 years of age. The latter notion is based on the fact that

individuals who operate in a family-owned business tend to secure the position of Managing

Director at a younger age. However, this is also dependent on the plaintiff gaining relevant

experience as a Senior Operational Manager. All things considered, because Mr Sample

works at a family-owned business, the likelihood of him taking over the company in future is

good.


verdict with regards to promotion opportunities prior to the incident:


10.3.6. Scenario 3.2: Post-morbid: Remained employed as an Operational Manager and

becomes a Senior Operational Manager, towards becoming a Managing Director

Mr Sample is currently employed as an Operational Manager and has approximately three

years’ experience in his line of work. Mr CP (Clinical Psychologist) concludes in his report by

stating that Mr Sample displays “Post Traumatic Stress Symptoms as led to Mr Sample to

doubt his abilities and caused anxiety and depressive symptoms” and that he is “feeling

distrust end fear of authority figures that should help you in need and then attack you causes

feelings of helplessness that may fade but will be part of Mr Sample's life forever”. This

conclusion corresponds with Mr Sample’s psychometric results which indicates that some

people may think that he does not have enough respect for authority and is likely to think that

respect has to be earned. It should be noted that this line of thought may be attributable to the

incident as the psychometric evaluation was conducted post-morbid.

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10 April 2017


Mr Sample’s level of education, age, experience, skillset, and general reasoning ability is

indicative of a very good probability that he may be promoted to Senior Operational Manager

in the future. However, Mr Sample’s psychometric results suggest that he prefers not to take

the lead as he feels uncomfortable when he has to tell other people what to do. Because of

this, management is unlikely to interest him much at the moment, however as one matures

within their working environment, this aspect changes drastically. Correspondingly, he is a

fairly good listener and will often prefer to sort out people’s problems, rather than be

responsible for making sure that the work is completed on time.

In addition to the abovementioned, the incident had an impact on Mr Sample’s probable

earnings as a Senior Operational Manager, since he was more psychologically able to operate

in a senior position, had the incident not occurred. Mr CP (Clinical Psychologist) specifically

mentioned that his “feelings of helplessness that may fade but will be part of Mr Sample's life

forever”. He also states that the “incident influenced his work situation negatively as he has to

work at night and it too scared to go out alone” and that “if this continues he may not be able

to continue with his present job”. It is, therefore inferred that the impact of his psychological

injuries (i.e., PTSD symptoms which are accompanied by anxiety and depressive symptoms)

already hampered or delayed Mr Sample’s current productivity levels and future working

ability.

More specifically, it is projected that by the time Mr Sample turns 40 years of age, he would

have been capable of taking over Company 3, thereby becoming the Managing Director. This

assumption rests on a twofold process. Firstly, Mr Sample’s father may consider retirement

approximately fourteen years from today as individuals who operate in family-owned

businesses (self-employed) tend to work beyond the compulsory retirement age of 65 years

old. Secondly, the plaintiff can be considered as the current Managing Director’s successor

who will then be 40 years of age. The latter notion is based on the fact that individuals who

operate in a family-owned business, tend to secure the position of Managing Director at a

younger age. However, this is dependent on the plaintiff gaining relevant experience as a

Senior Operational Manager.

Ultimately, taking all the information, employer’s, and specialist’s opinions above into

consideration, Mr Sample could be confronted with the probability of being demoted or

dismissed in future, as he may not be able to function at the expected productivity level in his

current capacity. Therefore, it could be accepted that the incident had an impact on Mr

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Sample, and the progress in his career. Lastly, it was also recommended by Mr CP (Clinical

Psychologist), that Mr Sample should receive thirty individual psychotherapy sessions by a

Clinical Psychologist at R 950.00 per session, and that he should attend a re-evaluation

session in two years’ time. Therefore, he is in need of a sympathetic employer to provide him

with enough leave opportunities in order to fulfil this recommendation. In addition, this

contributes to Mr Sample being an unfair competitor in the open labour market.

In order to establish the likely earnings that Mr Sample could receive, should he continue to

function as an Operational Manager and, eventually be promoted to a Senior Operational

Manager position, one needs to be familiar the remuneration of such a position. This will then

give an indication of the remuneration likelihood and subsequent losses that he might sustain.

Such an analysis was conducted and the results were as follow:

Table 13: Corporate earnings guideline pertaining to specific Paterson Grade job levels, according to Robert J

Koch (The Quantum Yearbook, 2017).

Peromnes Level

Paterson /

FSA Level

Basic Salary R1000 per annum

Total Package R1000 per annum

LQ MED UQ LQ MED UQ Unskilled

19 60 72 87 74 93 106 18 A1 73 87 105 95 111 132 17 A2 84 99 118 109 126 148 16 A3 97 114 135 125 145 170

Semi-skilled 15 B1 113 133 156 151 175 204 B2 130 153 175 169 199 228

14 B3 148 170 195 191 220 246 13 B4 170 194 225 221 259 299 12 B5 199 226 272 265 299 359

Skilled 11 C1 230 272 325 324 366 428 C2 254 296 350 343 399 464

10 C3 295 338 399 415 466 555 9 C4 337 397 475 487 555 659 8 C5 392 463 547 577 648 767

Middle Management

7 D1 469 559 654 702 835 1003 D2 514 608 728 780 908 1103 6 D3 657 761 919 696 1114 1370 D4 714 830 1009 1051 1212 1471 5 D5 787 912 1110 1156 1335 1618

Senior Management

4 E1 1280 1636 1993 1615 2279 2943 E2 1577 2008 2455 2115 2917 3702

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Should Mr Sample become unemployed due to the incident’s psychologically-related injuries

and not remain in his current level of employment, he would sustain a loss calculated as

follows: Loss of approximately R 108,667.92 (current position salary) annually plus a yearly

CPI increase.

Mr Sample would most probably fall within the Low Quartile for market related salaries,

because the plaintiff would function on an entry-level. The possible promotion position to

Senior Operational Manager is on a Paterson B4/B5 level. Should Mr Sample not be promoted

due to incident related injuries in future to the latter position, he would sustain a loss calculated

as follows: Loss of approximately R 71,332.08 per annum (R 180,000.00 Senior Operational

Manager position salary minus R 108,667.92 current position salary) plus a yearly CPI

increase for ten years.

Furthermore, the possible promotion position to Managing Director is on a Paterson D2/D3

level. Should Mr Sample not be promoted to Managing Director of Company 3, due to the

psychologically-related injuries sustained as a result of the incident, he would sustain a loss

calculated as follows: Loss of approximately R 396,000.00 per annum (R 576,000.00

Managing Director position salary minus R 180,000.00 Senior Operational Manager position

salary) plus yearly CPI increase from the year he turns 40 years of age (i.e., the year 2031).

The salary details pertaining to the Managing Director position are based on two information

sources, namely Mr Owner’s (Supervisor) current annual salary, and its corresponding

Paterson level. The Paterson level falls within the D-band (i.e., Middle Management) which

may be attributable to the company’s current size and structure. Therefore, as the company

expands, an Actuary or Forensic Accountant will have to determine the future earning potential

that the plaintiff would receive by the year 2031.

Taking the above-mentioned information into consideration, the writer reached the following

verdict with regards to promotion opportunities being limited for Mr Sample due to incident

related injuries after the incident occurred:

Verdict: This scenario has a probability of 60% (Somewhat Probable).

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PLEASE NOTE:

The aforementioned calculations should be seen as a guideline on the change that took place

in the life of the client as a result of the incident that occurred. It should be taken into

consideration that there are other deductions that should be considered as well, such as VAT.

It is therefore recommended that the above calculations should be reviewed by an Actuary to

ensure that an accurate figure is provided to report on the actual loss that the client

sustained/will sustain in future. Furthermore, one must take into consideration all future

treatment, medical equipment and all other losses as suggested by the various specialists,

related to the incident in question.

In the case of the formal sector, the prediction of entrance into the labour market and career

progress is usually based on the following guidelines:

Qualification Level Entry Level Ultimate Level

Grade 10 (NQF level 02) A1 B1

Grade 11 (NQF level 03) A2 B3

Grade 12 (NQF level 04) A3 B3/B4

Certificate (NQF level 05) B3 C1/C2

Diploma (NQF level 06) B4 C3/C4

B Degree (NQF level 07) B4/B5/C1 D1+

Table 14: Apart from qualifications, the achievement of the ultimate levels depends on several factors, inter alia,

supply of and demand for specific categories of labour, the availability of promotional opportunities, job

performance of an incumbent, Affirmative Action policies, geographical location, etc. The complexity and duration

of a qualification also influence the remuneration package (e.g., a 6-month certificate versus a two-year certificate,

a BA Degree versus a BCom Accounting Degree, a BTech versus a BSc Engineering, etc.). It is crucial that the

NQF level of a qualification be established as recognised by SAQA.

The objective is to project realistic, appropriate estimations of likely earnings, sourced from

available data, inter alia:

• Deloitte & Touche Remuneration Guide;

• Wage Determinations published by the Department of Labour;

• PE Corporate Services National Salary Survey for all Incumbents;

• Wages negotiated by Bargaining Councils;

• Earning Guidelines published in The Quantum Yearbook 2017 (Dr Robert Koch); and

• Salaries advertised with vacant positions in current media (PayScale, LinkedIn etc.).

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11. RETIREMENT

With regards to early retirement, the following is stated in legislation: “Retirement age means

from the age of 55 years (early retirement), through 60 years (normal retirement), to 65 years

(compulsory retirement)”. Also, one must take into consideration the fact that normal

retirement age in the formal sector could be considered as 65 years, and that very few people

can afford to retire before that time. Just because a person has been retired by their employer,

does not necessarily mean that they stop working. The less an individual earns, the greater

the need to continue to work until the age of 65 years and, in some cases, even beyond that

age.

With regards to early retirement prior to the incident, Mr Sample would have been more than

able to cope with the demands of working night shifts and other related duties. However,

deference is made to the clinical psychologist, as well as an occupational therapist to

determine Mr Sample’s retirement age post-morbid, taking into consideration the mentioned

psychological impact. The writer believes there is no early retirement expected, since the

plaintiff has to commit to follow-up clinical psychology sessions with the intention of treating

his symptoms of PTSD.

Despite the aforementioned, should Mr Sample retire early due to incident related injuries, a

loss should be calculated. Such a loss can be broken down into separate career stages as

follows:

1. Loss of approximately R 108,667.92 (current position salary) annually plus a yearly

CPI increase for four years (i.e., up until he turns 30 years of age).

2. Loss of approximately R 71,332.08 per annum (R 180,000.00 Senior Operational

Manager position salary minus R 108,667.92 current position salary) plus a yearly CPI

increase for ten years (i.e., from the age of 30 up until he turns 40 years of age).

3. Loss of approximately R 396,000.00 per annum (R 576,000.00 Managing Director

position salary minus R 180,000.00 Senior Operational Manager position salary) plus

yearly CPI increase from the year he turns 40 years of age (i.e., the year 2031) up until

he turns 65 years of age.

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12. THE SOUTH AFRICAN LABOUR LEGISLATION IMPACT

It is important to understand the impact and role of the current Labour Legislation within South

Africa, and therefore it will be discussed briefly and applied to the client. It will assist with

understanding the different scenarios as discussed. The source that was used: Code of Good

Practice: Key Aspects on the Employment of People with Disabilities (Government Gazette

no. 23702 as published on 19 August 2002).

Government Gazette states that “People are considered as persons with disabilities when they

satisfy all the criteria as included in the definition: Having a physical or mental impairment

(physical impairment means partial or total loss of a bodily function or part of body), and which

is long term or recurring, and substantially limits their prospects of entry into, or advancement

in employment”.

When taking the South African Labour legislation into consideration, and the impact of the

incident experienced by Mr Sample, it seems that he should not be seen as an individual

with impairment, and will therefore most likely not be protected by legislation for

employment of persons with disabilities.

PLEASE NOTE:

Reasonable accommodation for the disabled: All employers should attempt to accommodate

the needs of people with disabilities to a reasonable extent. The aim of the accommodation is

accordingly to reduce the impact of the impairment on the person’s capacity to fulfil the

essential functions of his/her job. Employers should also adopt the most cost-effective means

of removing barriers for the persons with disabilities so that they will be able to perform their

jobs and to enjoy equal access to the benefits and opportunities the employment has to offer.

This implies that candidates who are suitably qualified for a particular job/position will be

sufficiently accommodated during the recruitment and selection process, in the working

environment, in the manner in which the work has to be conducted, evaluated, and rewarded,

as well as in terms of benefits and privileges.

Employers’ modus operandi: Employers are also protected by the legislation in terms of

reasonable accommodation. The employer may select and recruit any person who qualifies

for the job (appropriate qualification, skills, experience etc.), but should not discriminate

against an applicant who is disabled. The employer is however under no obligation to change

facilities should the cost of altering these facilities be in excess of what the employer can

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afford. All facility accommodations and alterations should thus be within the financial capacity

of the employer. If the requirements of a specific job are of such a nature that candidates

should be without disabilities in order to perform optimally (needs to be proven) the employer

may be justified in turning a disabled person down for the position.

13. CONCLUSION

It is important to take note that the opinions and recommendations provided in this document

is based on the information provided at the time of compiling this report. The report is therefore

subject to change, should any new information be provided, over the progression of time,

changes in the client’s situation, and changes in the larger environment impacting the client.

13.1. Summary

Mr Sample reported that on the 28th of January 2013, at approximately 22H00 in the evening,

he was involved in an incident leading to a wrongful arrest, and resulting in psychological

consequences impacting his occupational circumstances. Specifically, Mr Sample was on his

way home and stopped at the corner of Long Street and Kempton Road intersection when

four men climbed into his vehicle, held a knife to his throat while Mr Sample was instructed to

drive to an unfamiliar location. He was robbed of his personal belongings and assaulted by

these men. Thereafter, the SAPS arrived and accused him of being intoxicated which led to

the wrongful arrest. All things considered, the incident caused to psychological scarring as the

is currently fearful of driving at night. His social life has been impacted by the incident as he

does not want to attend social events at night. Furthermore, Mr Sample refuses to

communicate with the SAPS as he gets angry, fearful, and anxious which has negatively

impacted on, both his past and current work duties.

Regarding the results of the psychometric assessments, Mr Sample has demonstrated an

average level of verbal reasoning ability which suggests that he can use words in a logical and

rational way, and he has a reasonable command of language. However, his numerical and

abstract reasoning ability is well above average. This indicates that he can accurately perceive

the logical patterns and relationships between numbers and abstract concepts, to be able to

understand the rules that govern these patterns, and deduce their logical consequences. In

addition, Mr Sample has a good ability to grasp new concepts and ideas outside of his previous

realm of experience, and to understand abstract logic (i.e., logical relationships which are not

contextualised).

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sensitive to other people’s feelings, as he dislikes conflict and will try to avoid disagreements

between people. Moreover, he prefers not to take the lead as he feels uncomfortable when he

has to tell other people what to do. Because of this, management is unlikely to interest him


changes drastically. Correspondingly, Mr Sample is a fairly good listener and will often prefer

to sort out people’s problems, rather than be responsible for making sure that the work is

completed on time.

Nevertheless, Mr Sample has a balanced approach towards taking risks and may well take a

risk if he thinks that the chances of success are quite good. Nonetheless, he may be quick to

take offense at the things other people say, even if they did not really mean to upset him. He

is a fairly sensitive person and may not find it easy to accept criticism, even if it is well meant.

Mr Sample is likely to worry that his work is not up to standard and if the workload is high, he

may have difficulty coping with the pressure.

When combining the general reasoning, occupational personality profile and occupational

interest psychometric assessment results, and keeping in mind his current situation, it seems

that Mr Sample would be most suited for occupations such as an Electrical Engineer, Auto

Mechanic, or Plumber. Taking into consideration his level of education and specific skillset, a

relatively weak correlation was found between his preference and his current position, namely

an Operational Manager at Company 3.

13.2. Specialist’s Opinions:

13.2.1. Mr CP (Clinical Psychologist):

Mr CP (Clinical Psychologist) concludes in his report by stating that Mr Sample displays “Post

Traumatic Stress Symptoms as led to Mr Sample to doubt his abilities and caused anxiety and

depressive symptoms” and that he is “feeling distrust end fear of authority figures that should

help you in need and then attack you causes feelings of helplessness that may fade but will

be part of Mr Sample's life forever”. He also states that the “incident influenced his work

situation negatively as he has to work at night and it too scared to go out alone” and that “if

this continues he may not be able to continue with his present job”. He also recommended

that Mr Sample should receive thirty individual psychotherapy sessions by a Clinical

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Psychologist at R 950.00 per session, and that he should attend a re-evaluation session in

two years’ time.

13.3. Employer’s Opinions:

13.3.1. Mr Owner (Supervisor):

Mr Owner (Supervisor) mentioned that the plaintiff’s “salary would have been market-related

before the incident as he would not have been anxious to work the night shift”. He also

explained that “the incident definitely had a negative influence on his performance, so much

so that it impacted my work because I had to manage my time in order to accompany him on

night patrols which is not part of my duties”.

13.4. Industrial Psychologist’s Opinion:

Based on our investigation of Mr Sample’s incident and surrounding circumstances, we have

summarised our opinion as follows:

Scenario Probability Outcome

Scenario 1 1.1 Pre-morbid: Remained

employed as an Internal Sales

Representative

80% Highly Probable

1.2 Post-morbid: Remained

employed as an Internal Sales

Representative

0% Inevitable


employed as an Area Manager 80% Highly Probable


employed as an Area Manager 0% Inevitable


employed as an Operational

Manager and becomes a Senior

Operational Manager, towards


80% Highly Probable

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employed as an Operational

Manager and becomes a Senior

Operational Manager, towards


60% Somewhat Probable

Table 15: The scenarios are explained in more detail in section 10.

It is thus the opinion of the writer of this report that the client sustained/may sustain the

following losses in past/future as a direct result of the incident in question:

a. Mr Sample should be compensated for all consultations to various professionals, as

well as all transport costs occurred, related to the incident;

b. Mr Sample had to resign from the position of Internal Sales Representative due to the

psychological consequence brought on by the reported incident. This scenario has

been discussed and quantified within the body of the original report. Therefore, with

regards to his past loss of income, no recuperation period loss was sustained, as Mr

Sample was fully compensated for the time he spent away from work. However, Mr

Sample sustained a direct past loss of approximately R 9,759.24 (R 3,253.08

difference between Internal Sales Representative position salary and Area/Operational

Manager Salary for three years) plus a yearly CPI increase. This is calculated up until

the day of this report;

c. Mr Sample retained employment as an Area/Operational Manager after resigning from

the position of Internal Sales Representative. The original indicated loss has been

revised and quantified within this Addendum (section 3.1). Therefore, with regards to

his future loss of income, Mr Sample will sustain a loss of approximately R 13,012.32

(R 3,253.08 difference between Internal Sales Representative position salary and

Area/Operational Manager Salary for approximately four years) plus a yearly CPI

increase. This calculation is from May 2017 to December 2021, as it is projected that

Mr Sample will be suitable for a promotion to Senior Operational Manager (i.e., salary

increase) in the year he turns 30 years of age;

d. Additionally, at the time of this addendum, no further future loss related to Mr Sample’s

income is projected, as indicated within the original report;

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e. The issue of post-incident retirement age remains the province of the medical experts

involved. At the time of this report, as well as taking the specialist’s report at hand into

consideration, no early retirement is foreseen. Details pertaining to early retirement in

the plaintiff’s case has been discussed and quantified within the body of the original

report; and

f. To conclude, it is recommended that perhaps the most reasonable way of approaching

this case, would be by means of an appropriately increased post-incident contingency

deduction, the quantification of which goes beyond the scope of the report and would

best be left to the legal teams involved.

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14. DISCLAIMER

This report consists of information obtained from the plaintiff, through a collateral interview,

behavioural observation, psychometric assessments conducted, together with a thorough

evaluation of specialist reports that was provided at the time of compiling this report. The writer

of this report, therefore, takes no responsibility of any inconsistencies, omissions, or conflicting

information that the client provided to the various specialists.

It is important to understand that the calculations provided in this report are not necessarily of

an accurate nature, as it is used to provide guidance in determining the change in income that

the client sustained as a result of the incident in question. It is recommended that an Actuarial

report is utilised to report on the actual income and loss calculations.

The results of the psychometric evaluation are only valid for a period of 18 months from the

date of assessment. In the case of requiring amendments after the 18 months have expired,

the client will need to be re-assessed.

Yours faithfully,

BAREND PETRUS GERHARDUS MARITZ


PS 012 9828

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15. ADDENDUM A

15.1. Payslips

15.2. Appointment Letter: Operational Manager

15.3. National Senior Certificate obtained from Secondary School

15.4. School Attendance Confirmation Letter obtained from Secondary School

15.5. Certificate for Easy Roster Training Course obtained from Training and

Education Institute 1

15.6. Certificate in Project Management obtained from Training and Education

Institute 2

15.7. Certificate for Professional Selling Skills Training Course obtained from


15.8. Certificate of Commendation Confirmation Letter obtained from Training

and Education Institute 2

15.9. Certificate of Cum Laude Commendation obtained from Training and


15.10. Higher Certificate in Project Management obtained from Training and


15.11. Certificate in Security Service Provider obtained from PSiRA (Private

Security Industry Regulatory Authority

medico – legal report - vulpeswrongful... · barend p.g. maritz ps 012 9828 ... certificate for...

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