My domestic worker - injury on duty and COIDA

MY DOMESTIC WORKER – INJURY ON DUTY AND COIDA

What are the implications when my Domestic Worker gets injured on duty while performing her normal duties?

Section 1 (xix)(v) be severed from the Section 1 of COIDA.

The Compensation for Occupational Injuries and Deceases Act as amended by the Compensation for Occupational Injuries and Deceases Amendment Act No 61 of 1997 Section 1 (xix)(v) specifically excluded “a domestic employee employed as such in a private household” until the ruling by Honourable Judge Molopa in the High Court of South Africa (Gauteng Division Pretoria).

This ruling declared “Section 1 (xix)(v) the Compensation for Occupational Injuries and Deceases Amendment Act No 61 of 1997 (COIDA) is unconstitutional and invalid to the extent that it excludes domestic workers employed in private households from the definition of “employee”, and therefore it was directed that Section 1 (xix)(v) be severed from the Section 1 of COIDA.

On 17 October 2019 the High Court in Pretoria ruled that the matter will now be dealt with by the Constitutional Court and matters that will be addressed are amongst others, whether domestic workers can now claim in retrospect for injuries that occurred in the past.

Where does this leave employers of domestic workers

The then Acting Compensation Commissioner stated that during 2015 Parliament was already considering a Bill which would have facilitated changes and the inclusion of domestic workers under COIDA.

Although we are not aware of such Bill, employers of domestic workers can be certain that the case of S Mahlangu referred to above, will lead to changes in COIDA and we are also certain that it would be happening sooner than later.

The domestic worker industry is probably the largest sector in our country with over 1 500 000 domestic workers employed in private households.

It is now just a matter of time before formal processes will be put in place to regulate the domestic sector and have all employers to contribute to the Workmans’ Compensation Fund and the sector will have to carry its own account of injuries on duty and for domestic workers who contract deceases at the workplace.

Employers to be scrutinized for compliance

It is also a no-brainer that the registration of all employers in the sector, will make it easier for Department of Employment to scrutinize employers and to investigate whether the employers comply with the employment legislation as far as;

Contract of employment
UIF registration and contributions
Monthly pay slips
Regulation of maximum working hours,
Payment for overtime, etc

Join Now – our YESDomestic platform for peace of mind

We call upon all employers of domestic workers to visit our website www.yesdomestic.co.za and join us and enjoy the services we offer nationally.

At a monthly subscription of only R97.25, you as employer can rest assured that you are compliant with the Basic Conditions of Employment Act, Unemployment Insurance Act, Sectoral Determination 7 – Domestic Workers and we will soon add the Workmans Compensation Act to our list.

A network of 180 consultants nationally can cover all employers of domestic workers throughout South Africa and ensure that all you labour matters are attended to.

Our services are on-line and the following are produced and managed for you;

Proper contract of employment
UIF Registration
Monthly payslips
Leave administration
System to log leave and absentees
Call centre assistance
Assistance with disciplinary matter
Even CCMA representation.