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Constitutional Court rules private household domestic workers be provided for under COIDA

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The Constitutional Court has ruled that a section of the COIDA is unconstitutional for failing to recognise the need for private household domestic workers to be covered under the act.

The Constitutional Court took to Twitter on Thursday, 19 November 2020, to share its judgment on how Section 1(xix)(v) of the Compensation for Occupational Injuries and Disease Act (COIDA) is unconstitutional. It is seen as exclusionary because it fails to include private household domestic workers in its definition of “employee.”

The matter was brought to light after a complainant detailed losing their mother in a drowning incident while working as a private household domestic worker. When the complainant attempted to claim from the Unemployment Insurance Fund and the Labour Department, it was discovered that they could not because their mother was not covered under the COIDA, due to the nature of her employment.

According to the Constitutional Court, Section 1(xix)(v) of the act is unconstitutional and private household domestic workers should be provided for under COIDA. The ruling was described as long overdue, especially considering the conditions that some domestic workers are subjected to.

See the post below.

Sabelo Makhubo
[email protected]

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