Domestic workers to soon be eligible to claim from Compensation Fund
A new high court decision states that domestic workers are eligible to claim from the Compensation Fund if they are injured or contract a disease at their place of work.
Socio-Economic Rights Institute of South Africa researcher Kelebogile Khunou explains a case which was brought forward by their client, Silvia Mahlangu.
Mahlangu's mother drowned in her employer's swimming pool. She was denied compensation because domestic workers are not included in the Compensation of Occupational Injuries and Diseases Act.
Our argument at the high court was that the exclusion of the domestic workers is unconstitutional and it was found that it is indeed unconstitutional.Kelebogile Khunou, Reseacher - Socio-Economic Rights Institute of South Africa
This means that domestic workers will soon be covered by the Compensation of Occupational Injuries and Diseases Act.Kelebogile Khunou, Reseacher - Socio-Economic Rights Institute of South Africa
This also means that employers will be obligated to register their employees and contribute each month to the Compensation Fund.Kelebogile Khunou, Reseacher - Socio-Economic Rights Institute of South Africa
Khunou says the Department of Labour will have to establish the conditions in which a domestic worker is eligible to benefit from the Compensation Fund.
But first, the amendment to the Compensation of Occupational Injuries and Diseases Act will have to appear before Parliament and once the bill is passed the process will be taken forward.
To hear the rest of the conversation, listen below: