The Department of Employment and Labour is urging domestic workers who sustained injuries or acquired occupational illnesses while on duty from April 27, 1994, to come forward and claim their benefits.
Following the 2020 Constitutional Court order, which declared certain sections of the Compensation for Occupational Injuries and Diseases Act (COIDA)130 of 1993 invalid, with immediate and retrospective effect to 27 April 1994, the Compensation Fund had undertaken corrective legislative measures to amend it to allow for the inclusion of domestic employees.
All employers of private domestic employees are obliged to register with the Compensation Fund, submit the Return of Earnings (ROEs) and make payments.
Those who had employees prior to November 19, 2020 will be required to indicate as such, however the fund will regard their commencement date as 19/11/2020 unless claim liability is accepted for years prior.
Addressing the Compensation Fund round table stakeholder engagement session held at Bolivia Lodge in Polokwane, Limpopo, last week, deputy director Jan Madiega said: “We are encouraging all our stakeholders to inform their family and friends who might have been injured or contracted occupational diseases from 27 April 1994 to come forth and claim for their benefits.
“We are encouraging employers to not pre-judge a claim but rather submit it to the (Compensation) Fund so that we can make our own discretion.”
Right to Claim
Madiega said a right to claim in terms of the act shall lapse if the accident that happened or the disease that commenced on or after 27 April 1994 is not brought to the attention of the commissioner or of the employer or mutual association concerned, as the case may be within 36 months from the date of signature on the amendment Act 10 of 2022.
As per amendments in the COID Act 10 of 2022, failure to register employees, pay and submit the ROEs within a reasonable period will result in a penalty of 10% of actual or estimated annual earnings.
In addition, an employer who fails to pay a penalty or instalment is liable to a penalty of 10% of actual or estimated annual earnings.
Inspectors
According to Compensation Fund legal services’ Irish Lephoto, the amended act gives powers to the commissioner to appoint inspectors to enforce compliance to the act. These inspectors will be provided with a signed certificate confirming that they are inspectors and the certificate will state which legislation they are monitoring or enforcing.
“The inspectors may enter a home or other workplace with the consent of the owner or occupier. The Labour Court may authorise entry upon the application by the inspector and if practicable, the employer and trade must be notified of the inspection and the reason thereof,” Lephoto said.
Cape Times