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”.
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.