The Department of Employment and Labour has encouraged domestic employees who were injured or contracted occupational diseases while on duty from 27 April 1994 to come forward and claim their benefits.
This comes after the corrective legislative measures to amend the Compensation for Occupational Injuries and Diseases Act, No.130 of 1993 (COIDA) legislation to include domestic employees. The corrective legislative measures were undertaken due to the 2020 Constitutional Court order, which declared section 1(xix) (v) of the COIDA invalid, with immediate and retrospective effect to 27 April 1994.
Jan Madiega, deputy director of employer registrations and compliance at the Department of Employment and Labour, encouraged all their 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 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,” said Madiega, adding that 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.
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 19 November 2020 will be required to indicate as such, however, the Fund will regard their commencement date as 19/11/2020 unless the claim of liability is accepted for years prior.
“If the person gets injured and it is found that you are employing an illegal foreign national, you will be prosecuted for harbouring an illegal immigrant in your household. However, whether the domestic employee is a foreign national or not is immaterial. As an employer, you have a duty to register your domestic employees. The Fund, upon receiving a claim, will request for relevant documents,” Madiega said.
As per amendments in the COID Act 10 of 2022, failure to register employees or 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.
