Cape Times E-dition

Cut-off date for domestic workers to submit claims ‘unreasonable’

NICOLA DANIELS nicola.daniels@inl.co.za

THE Socio-Economic Rights Institute of SA (Seri) has written to the Compensation Commissioner, questioning the “unreasonably short” 12-month cutoff date for domestic workers injured at the workplace – as far back as April, 1994 – to submit claims.

Domestic workers were included in the Compensation for Occupational Injuries and Diseases Act (Coida) in November last year when the Constitutional

Court handed down judgment in the Mahlangu v Minister of Labour matter declaring their exclusion unconstitutional.

The court also ruled that domestic workers who had experienced workrelated injuries, diseases or death as far back as April 27, 1994, or their dependants, were able to submit claims.

In March this year, a notice was issued that claims must be brought to the attention of the commissioner or the employer within 12 months from November 19, 2020, failing which the right to claim would lapse.

“The cut-off date, being 20 November, 2021, appears to be unreasonably short, considering that it is to apply to a historically marginalised, disadvantaged and generally uneducated category of workers.

“For this reason, we address the following questions to the Compensation Commissioner: what informed the period of 12 months as a reasonable cutoff date to bring Coida claims that may be 26 years old?” the institute asked.

Seri represented Sylvia Mahlangu, the first applicant in the Constitutional Court matter, and submitted a claim for compensation for the workplace death of her mother which occurred on March 31, 2012.

The claim was lodged on November 30, 2020, and despite follow-ups, Seri said it was yet to get an update.

Pinky Mashiane, founder of the United Domestic Workers of SA union, said after fighting for eight years, one year was not nearly enough.

“We are not happy at all. It doesn’t make sense. This is something huge for domestic workers; how are they going to get that evidence for the claim in 12 months?

“Employers don’t even know about Coida or how to register. This is a three-year thing; they deprived domestic workers for 27 years. We still have to go all around the country educating domestic workers, we need to help them first in terms of how to put in their claims,” she said.

The Department of Labour did not respond to requests for comment by deadline.

METRO

en-za

2021-05-07T07:00:00.0000000Z

2021-05-07T07:00:00.0000000Z

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