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Domestic workers finally covered by workplace compensation under proposed bill

1 October 2020 3:36 PM
Tags:
Domestic workers
claims
bill
compensation
COIDA
workplace injury
COIDA bill
workplace compensation

A new bill includes domestic workers in compensation for occupational injuries and diseases after they were previously excluded.

The proposed changes to the Compensation for Occupational Injuries and Diseases Act will see domestic workers recognised as a category of workers who qualify for workplace compensation.

This comes after two separate court cases which found that the exclusion of domestic workers for workplace injury claims was unconstitutional and unfair labour practice.

RELATED: Domestic workers union heads to ConCourt in battle for workplace injury claims

The Compensation for Occupational Injuries and Diseases Amendment (COIDA) Bill proposes that compensation for occupational injuries and diseases be extended to cover domestic workers.

The bill also proposes that employers who break the law on workers’ compensation should face swifter penalties.

Lawyer Maushami Chetty says the amendments to the Act are long overdue.

Chetty says the move also serves to protect employers from any possible civil litigation that could arise from workplace injury or death in the future.

RELATED: Lockdown misery for domestic workers as salaries cut and living costs rise

It's really a long time overdue that these changes have been made to the Act.

Maushami Chetty, CEO and founder - Aarya Legal

It hasn't been something that the Legislature undertook of their own volition, it's really been something driven by the courts.

Maushami Chetty, CEO and founder - Aarya Legal

We had two quite horrific cases of domestic workers being injured or passing away on the job.

Maushami Chetty, CEO and founder - Aarya Legal

Two high court decisions have precipitated this by indicating that excluding domestic workers from the definition of 'employee' is in fact unconstitutional and unfair labour practice.

Maushami Chetty, CEO and founder - Aarya Legal

It's going to require every employer to register for Workmen's Compensation and it's going to require that you pay a levy, much like UIF.

Maushami Chetty, CEO and founder - Aarya Legal

Listen to The Midday Report for more:


1 October 2020 3:36 PM
Tags:
Domestic workers
claims
bill
compensation
COIDA
workplace injury
COIDA bill
workplace compensation

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