Vuyo Mafata, the Compensation Fund Commissioner, has published the long awaited notice on registration of Domestic Workers for Workplace Compensation.
The ruling resulted from the 2012 case where the daughter of a domestic worker who was found dead in her employer’s pool, approached the Department of Labour for compensation for her mother’s death. South Africa’s Constitutional Court ruled it unconstitutional to exclude domestic workers in private households, from the definition of “employee”.
Deadline Extension: 31 May 2021
The Department of Employment and Labour has published a notice to all employers, informing them that the date for the submission of the 2020 Return of Earnings has been extended to 31 May 2021.
The portal for submitting the returns will be opened as of 01 April 2021 – 31 May 2021.
Employers are required to submit a Return of Earnings form (W.As.8) Annually. Submissions after this date will be considered late and attract a 10% penalty with added interest to the account.
South Africa’s Constitutional Court has ruled that parts of the Compensation for Occupational Injuries and Diseases Act (Coida) are unconstitutional in that it excludes domestic workers employed in private households from the definition of ’employee’.
In a judgement handed down on Thursday (19 November), the court said that this effectively denies these domestic workers compensation in the event that they contract diseases or suffer disablement, injuries, or death in the course of their employment.
The ruling follows after the 2012 case of a domestic worker who was found dead in her employer’s pool.
Employers are having to deal with mental health issues within their organisations increasingly especially during Covid. This is becoming apparent when analysing sick leave data.
Many people ‘sweep’ mental health under the carpet however we decided it prudent to make employers aware of their responsibilities which are outlined below.
Employers have a duty in terms of the Occupational Health and Safety Act to ensure a safe working environment for their employees and this means being aware of the impact that stress can place on the performance of your employees.
Employer responsibilities include:
- Education and awareness surrounding mental illness
When it comes to the health and safety of your employees in your company or work place, no stone should be left unturned to ensure that there are no hazards which may jeopardize the safety of your employees. This is one aspect of your business that must be given the highest priority at all times. Each organisation is different and the levels of exposure to dangerous or hazardous work experiences will be unique to each company. So even if your business is not one in which it is likely that accidents could occur leaving employees without the ability to temporarily or permanently perform their jobs, as well as exposing you as the employer to a number of difficult consequences, it is still something that needs to remain on your TO DO list and which you should remain ever vigilant about.
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