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The Citizen reports that following a case in which a domestic worker died at her employer’s home during the course of her employment and her daughter could not claim compensation due to the fact that domestic workers are not considered employees under the Compensation for Occupational Injuries and Diseases Act (COIDA), the Pretoria High Court last week found that the exclusion of domestic workers under the Act was unconstitutional.
Thanks to the decision, domestic workers might become eligible to claim from the compensation fund if they are injured, contract a disease, or die at their place of work. Apparently, the domestic worker, who was partially blind, was washing the top windows outside a bedroom located next to the pool when she slipped from the step ladder on which she was standing and fell into the pool – which was unfenced and uncovered at the time. The employee could not swim and drowned. The helper’s daughter later approached the Department of Labour to lodge an application for compensation for the death of her mother, but she was informed that domestic workers were not considered “employees” under the act and were therefore not entitled to compensation and unemployment insurance benefits. The Socio-Economic Rights Institute of SA (Seri) successfully brought an application on behalf of the dependent to compel the department to amend the act. Seri will further be arguing that the declaration of invalidity must be applied retrospectively
- Read the full original of the report in the above regard at The Citizen
Get other news reports at the SA Labour News home page