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Injured on the Job? Domestic Workers Now Have Rights in South Africa

By 8th April 2024Employment
domestic worker rights

Imagine this: you’re a domestic worker, cleaning, cooking, and taking care of a household. You give your all every day, but unfortunately, an accident happens while you’re working, leaving you injured. For many domestic workers in South Africa, this situation used to mean facing recovery with little to no financial support.

The Fight for Fairness: A Landmark Court Case

For years, domestic workers were excluded from a crucial law called the Compensation for Occupational Injuries Act (COIDA). This meant they couldn’t claim compensation if injured on the job. This lack of protection placed a heavy burden on domestic workers, a large portion of whom are Black women.

However, in November 2020, a landmark court case called Mahlangu and Another v Minister of Labour changed everything. The South African Constitutional Court ruled that COIDA’s exclusion of domestic workers was unconstitutional. This means domestic workers now have the right to claim compensation if they’re injured while performing their duties.

Why is this such a big win?

This court decision is a huge step towards fairness and justice for domestic workers. Here’s why:

  • Vulnerability Exposed: Many domestic workers often lack awareness of their rights. Being excluded from COIDA left them exposed and unable to claim financial support during recovery from a work-related injury.
  • Recognizing Hard Work: Domestic workers play a vital role in South African households. This decision acknowledges their dedication and ensures they have the same rights as other employees when it comes to workplace injuries.
  • Breaking Down Barriers: The court’s recognition of the challenges faced by domestic workers, particularly Black women, is a significant step towards dismantling historical inequalities.

What this means for Employers

As an employer of a domestic worker, this court ruling comes with some important responsibilities:

  • Understanding COIDA: Familiarize yourself with the Compensation for Occupational Injuries Act. This will help you understand your obligations as an employer and ensure your domestic worker is protected.
  • Registration Matters: Register your domestic worker with COIDA. This allows them to claim compensation if they’re injured on the job.
  • Building a Fairer System: Promoting a workplace environment that respects your domestic worker’s rights is not just the law, it’s the right thing to do.

Domestic Workers are Valued Members of Society

Domestic workers are essential parts of many South African households. They contribute significantly to the well-being of families and deserve fair treatment. Recognizing their rights and ensuring proper workplace protections is a step towards building a more just and equitable society.

Need Help Understanding Your Rights?

If you’re a domestic worker with questions about COIDA or your rights, or an employer seeking guidance on your obligations, don’t hesitate to contact us at BBP Law Inc. Our experienced legal team can provide you with the information and support you need.

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