Domestic workers’ victory as Constitutional Court overturns outdated compensation law
After 26 years, domestic workers can finally be regarded as equals in terms of employment rights
DOMESTIC workers around South Africa are celebrating after the Constitutional Court overturned the law that denied them compensation in event of illness, injury, or death.
After 26 years, domestic workers can finally be regarded as equals in terms of employment rights.
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The judgement delivered on Thursday will see that those who work at private homes will be covered by the provisions of the Compensation for Occupational Injuries and Diseases Act (COIDA), and damages can be claimed for work-related injuries, illnesses, and death.
Domestic workers who were injured as far back as 27 April 1994 will be able to claim for injuries sustained at places of work.
The previous Compensation for Occupational Injuries and Diseases Act, 1993, which excluded domestic workers from being able to claim from the Compensation Fund in the event of injury, illness, or death was found to be unconstitutional and in violation in terms of social security, equality, and dignity.
The ruling also saw that dependents of domestic employees will also qualify to claim should their breadwinner suffer a fatal accident at work.
The unfair act was first highlighted in 2012 by the daughter of a domestic worker who drowned in her employer’s pool.
Maria Mahlangu, who worked as a cleaner for 22 years, allegedly slipped off a ladder while washing windows and fell into an unfenced pool. Her body was discovered by her employer hours later.
Her daughter and sole dependent, Sylvia Mahlangu, approached the Department of Labour about compensation for her mother’s death.
She was informed that she could neither get compensation nor could she get unemployment insurance benefits for her loss.
Upon delivering the judgement, Acting Justice Margie Victor said the previous act was discriminating against domestic workers.
‘The differentiation between domestic workers and other categories of workers is inconsistent with the right to equal protection in the constitution.
‘The differentiation also gives indirect discrimination given that domestic work is predominantly performed by black women, thus their race, sex, and gender are intrinsically bound up in the discrimination against them.’
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