Domestic workers ‘in the dark’ on compensation

LAST year the Department of Employment and Labour opened applications for domestic workers to make retrospective claims through the Compensation for Occupational Injuries and Diseases Act (COIDA).

The dispensation covers work-related injuries, diseases and death sustained while on duty, and it was applied retrospectively to 1994, which allows those who suffered the misfortune in the last 27 years to submit claims.

The inclusion of domestic workers came after the November 19, 2020 Constitutional Court ruling on Maria Mahlangu’s March 2012 death. Mahlangu fell into her employer’s swimming pool while she was cleaning windows and drowned.

Her family were told they could not claim compensation as the dependents of domestic workers were excluded from COIDA benefits. The apex court declared that the exclusion of such injuries and deaths was unconstitutional, and that the act applied retrospectively from April 27, 1994.

Domestic workers were then given 12 months to submit their claims. However, not everyone who stands to benefit from the ruling has taken advantage of the grace period.

Socio-Economic Rights Institute (Seri) researcher Kelebogile Khunou said one of the reasons people were not coming forward to submit their claims was because they do not know that they have the right to do so.

“The inclusion of domestic workers in COIDA is recent. Therefore it is imperative that the department assists domestic workers by embarking on a national educational campaign. Civil society organisations like unions representing domestic workers and supporting organisations like Seri, can complement the efforts of the department by doing something similar,” she said.

The sentiments were echoed by some of the workers, who said they were not aware of the compensation fund. Domestic worker Johanna Mabena was injured by a tumble dryer while doing laundry in 2017. She lost part of a finger.

“It was only me and my former employers’ children (at the house). The children took me to hospital that day and I spent a week there. After being released from hospital, I asked my employers to compensate me and they refused,” Mabena said.

Asked why she did not claim COIDA benefits, the 62-year-old said she was not aware she could claim from the Department of Employment and Labour.

Another domestic worker, Anna Toli, said she was also not aware that they were eligible for the compensation fund.

“I fell from a step ladder at work in 2016. My hand was broken and I was hospitalised for a week. My employer promised to pay me but that never happened. I’m still waiting even today. I have been working there for over 15 years now,” said the 55-year-old.

Matseleng Radebe said her 68-yearold mother, Anna Radebe, wanted to submit her claim but she was demoralised after she was told to come with a hospital record.

“She fell while working in the bathroom and lost her teeth. This happened between 2004 and 2005. Her employers said they would buy her false teeth but they didn’t. We were told by the union about the compensation fund and we wanted to claim. The problem is that they required documents from the hospital and my mother has never been hospitalised,” she said.

Meanwhile, United Domestic Workers of SA founder Pinky Mashiane said: “We are campaigning to have the retrospective deadline extended by 24 to 36 months. We also believe that the Minister of Employment and Labour together with the Compensation Commissioner will listen to our cries and grant affected workers enough time to bring their claims,” added Mashiane.

Department of Employment and Labour spokesperson Musa Zondi said: “In terms of Section 44 of the Act, the right to claim expires after 12 months. There are plans to amend the law to increase the period to three years.”