With reference to the article entitled “Domestics still not benefiting, union says”, there is no doubt that the wheels of justice turn slowly.
More than a year after the Constitutional Court handed down its judgment, employers are still unaware of the existence of COIDA (Compensation for Occupational Injuries and Diseases Act), how to register as an employer and how to comply with the provisions contained therein, on behalf of their domestic worker. By doing so, employers cannot be held liable for any claim for work-related injuries or diseases that may be contracted by domestic workers. In addition thereto, if a domestic worker dies whilst at work, the family member or dependent is able to lodge a claim on behalf of the domestic worker, by completing the necessary documentation via COIDA.
The Department of Employment and Labour has also failed to educate domestic workers as to their rights, to ensure that employers comply with the provisions of COIDA. If employers fail to comply, the domestic workers should lodge a complaint with the UIF official of the Department of Employment and Labour, to ensure that the employer registers and complies with the provisions of COIDA.
In my experience, the majority of employers in South Africa who employ domestic workers are not even aware of the existence of COIDA and how it protects the employer and benefits the domestic worker.
CONTACT CAPE LABOUR.
For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.
For more information or to Contact Cape Labour. You can find all of our relevant details here.