09/06/2021
The Constitutional Court, on 19 November 2020, confirmed an earlier judgment of the High Court which declared the exclusion of domestic workers from the definition of an “employee” for purposes of the Compensation for Occupational Injuries and Diseases Act (COIDA), as being unconstitutional and invalid.
Effectively, any domestic worker who suffered an injury on duty after 27 April 1994 will now be able to claim for such an injury from the Workman Compensation Fund.
The Department of Employment and Labour issued a media statement indicating that it will amend the Act in accordance with the judgment of the Court and will be implementing processes to deal with the claims and contributions for domestic workers.
COIDA: EXCLUSION OF DOMESTIC WORKERS INVALID: Employers’ contributions cannot be backdated by NEASA | Dec 9, 2020 | Newsletters COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT EXCLUSION OF DOMESTIC WORKERS INVALID Employers’ contributions cannot be backdated by Jaco Swart The Constitutio...