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The court declared a section of the Occupational Injury and Illness Compensation Act unconstitutional insofar as it excludes domestic workers employed in private homes from the definition of “employee.”
CAPE TOWN – The Constitutional Court has determined that there is no legitimate reason to exclude domestic workers from access to workers’ compensation.
In a ruling Thursday, the court declared a section of the Occupational Injury and Illness Compensation Act unconstitutional to the extent that it excludes domestic workers employed in private homes from the definition of ’employee’.
This prevents them from receiving workers’ compensation.
The order will apply retrospectively for illness, death, or injury caused on the job dating back 10 years.
Attorney Laura MacFarlane and two advocates represented the Commission for Gender Equality in the matter.
She explained: “Employees employed in private homes are often referred to as domestic workers, which may also include gardeners, they will now be able to claim workers’ compensation when they are injured or when they contract an illness in the course of their employment. Previously, this category of employees they were expressly excluded “.
The dependents of these employees will also qualify to claim if their breadwinner suffers a fatal accident at work.
MacFarlane has called the sentence a victory for domestic workers.
“The ruling actually said that domestic workers were excluded in an entrenched system of racial inequality and gender poverty and that exclusion was discriminatory and deprived them of their right to dignity, equality and social security.
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