Up until now most categories of employees have been covered by COIDA, which provides for compensation for workers who are injured at work. A category of employees who have until now been excluded from this benefit are domestic workers. However, on Monday, 19 November 2020, the Constitutional Court confirmed application of COIDA to domestic workers.
It did so by confirming that section 1(xix)(v) of COIDA is unconstitutional insofar as it excludes domestic workers employed in private households from the definition of “employee”.
The judgment opened with the following words:
Domestic workers are the unsung heroines in this country and globally. They are a powerful group of women whose profession enables all economically active members of society to prosper and pursue their careers. Given the nature of their work, their relationships with their own children and family members are compromised, while we pursue our career goals with peace of mind, knowing that our children, our elderly family members and our households are well taken care of.
The judgement also means that employers of domestic workers will have to ensure that their domestic workers are registered for COIDA, and that the monthly Compensation Fund contributions are made.
Read a copy of the full judgment here:
Application of COIDA to domestic workers
