Joint submission to SA Law Reform Commission - on Dept of Labour Legislation - November 2010

COMMENTS TO SOUTH AFRICAN LAW REFORM COMMISSION on Discussion Paper 117. STATUTORY LAW REVISION: LEGISLATION ADMINISTERED BY THE DEPARTMENT OF LABOUR

 

Paragraph 2.151 of the Discussion Paper states: “Section 1 [of the Compensation for Occupational Injuries and Diseases Act 130 of 1993, hereafter ‘COIDA’] (definition of ‘employee’) excludes at (v) “a domestic employee employed as such in a private household”. It is submitted that although domestic workers are regarded as employees in the Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act 75 of 1997 there are public policy reasons for the exclusion from the Compensation for Occupational Injuries and Diseases Act 130 of 1993. This exclusion is therefore not necessarily discriminatory or unfair but a review of the exclusion may be warranted.”

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