In May this year, the North Gauteng High Court handed down an order declaring the exclusion of domestic workers from the Compensation for Occupational Injuries and Diseases Act as unconstitutional.
Furthermore, in June, the Socio-Economic Rights Institute (Seri) argued that the declaration of invalidity must be applied retrospectively to provide relief to its client who brought the application and other domestic workers who were injured or died at work prior to the granting of the order.
After a landmark ruling by the North Gauteng High Court in October stating that domestic workers injured in the past while on duty will be able to claim damages, labour law expert Natasha Moni gives insight on what the ruling means for employers and employees.
Moni says employers need to know the law when hiring domestic workers.
They are in your house, they look after your children and you need to make sure that they get their rest period which by law is 12 consecutive hours. The weekly rest period is 36 consecutive hours.— Natasha Moni, Labour law expert
She says employers need to be aware that domestic workers are entitled to 15 days' leave per annum.
If your domestic worker or gardener comes in once or twice a week, then they are entitled to one day for every 17 days worked.— Natasha Moni, Labour law expert
Listen below to the full conversation: