LABOUR LAW – ARR224

Lecture 1

The Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (COIDA)

PRESCRIBED MATERIAL

Study:• PGL (Chapter 6 par 6.2-6.3 & 6.5)

Read:• PGL (Chapter 6 par 6.1, 6.4 & 6.6-

6.8)• PLL (Pp 399-405)

LEARNING OUTCOMES

• Define core concepts like employee and earnings.

• Discuss the application of the Compensation for Occupational Injuries and Diseases Act.

• Discuss the duties of an employer in terms of the Act.

• Discuss the requirements to be met to qualify for compensation.

HISTORYCOMMON LAW- no compensation/no

security for :

• Loss of benefits• Injury• Illness• Death

Caused by acts/omissions relating to the employment situation

HAD TO PROVE INTENT OR NEGLIGENCE ON PART OF THE OWNER- could only claim for

compensation

HISTORY CONTINUED

WORKMAN’S COMPENSATION ACT( SINCE REPEALED)

REQUIRED NO CULPA, CAUSATION for compensation to be paid regardless whether the ER was negligent or acted with intent

Could only claim material loss ie income, medical expenses

FUNNY VIDEO’S

www.youtube.com watch funny construction work

Fatal mistakes

Forklift accident animation

http://www.youtube.com/watch?v=KTnGZ37sZqM

http://www.youtube.com/watch?v=IJvHzFnSBDw

COIDA (INTRODUCTION)

• No common law remedies. Only a delictual claim. (Had to prove intent/ negligence of employer)

• Workmen’s Compensation Act of 1941. (Injuries on duty/Industrial diseases/Dependants). Loss of income and medical expenses. Also delictual claim.

• Characteristics of present Act:oCourse of employmentoWider application. (R 292 032 since 8 June 2012)

oEarnings (Monthly rate of remuneration at time of accident and includes food, quarters, overtime etc)

PRESENTCOIDA and COMPENSATION FUND

Re ILLNESS (OCCUPATIONAL DISEASE)

INJURY ON DUTY OR IN THE SCOPE OF DUTY OR ARISING OUT OF DUTIES

DEATH as a result of such injury, illness

Presupposes: arising out of /in course of employment.

COIDA (APPLICATION)

• Majority of employees (Contract of service/apprenticeship/learnership/ casual employees/directors and members of body corporate/labour broker/dependants/curator).

• Excluded:1. Military service/military training2. SANDF & SAPS while defending SA3. Domestic servants in private household4. Contractors engaging sub-contractor5. Persons employed outside SA6. Non-citizens working for less than 12 months in SA

COIDA (DUTIES OF EMPLOYERS)

• Register with Commissioner and furnish with details of business.

• If not in SA, address of head office in SA and name of chief officer in SA.

• Contractors must register as employers.

• Records for a period of 4 years. (Employees; time worked; wages paid)

• Statement of wages paid before 31/03. to the CC

• Pay amount to Compensation Fund within 30 days.

COIDA (PROCEDURE TO CLAIM COMPENSATION)1.Notify employer of accident and of

intention to claim a.s.a.p.

2.If personal injuries are alleged, employer must notify Commissioner within 7 days.

3.Complete prescribed forms.

4.Claim must be lodged within 12 months.

COIDA (RIGHT TO COMPENSATION I)Before claiming, requirements must be

met:• Employer/employee relationship

Contract of employment. Employee i.t.o. definition of Act.

• Accident causing injuries/death Suddenly/unexpectedly. Disablement/death

• Scope of employment • Nature of duties

COIDA (RIGHT TO COMPENSATION II)1. Work premises. 2. While the employee is working. 3. While the employee is furthering

the interests of his employer. 4. While the employee is being

conveyed to and from work free of charge by his employer.

5. While employee is receiving training in first aid, rescue work or other emergency services.

6. While the employee is partially furthering his own interests and partially those of his employer.

7. If employee completely abandons his duties in furtherance of his own interests, he does not enjoy protection of the Act.

COIDA (COMPENSATION I)

• Temporary total disablement Periodic 75% of income. R15820 p.m. 24 months. Temporary partial disablement – portion of 75%. Employer must pay 1st 3 months.

• 30% permanent disablement Lump sum 15xmonthly earning.

• < 30% permanent disablement Lump sum %/30xmonthly earningx15.

• 100% permanent disablement Monthly pension 75% of earnings.

• 31%-99% permanent disablement Monthly pension %/30x75%xmonthly earnings.

• Apprentice/trainee Recently qualified.

COIDA (COMPENSATION II)

Death of employee• Widow/widower Lump sum (2xpension of

100% disabled) + monthly pension (40% of monthly pension of 100% disabled).

• Children under 18 Monthly pension (20% of 75% of monthly earnings).

Total pension to widow and children not exceed 100% disablement-amount.

Funeral costs

COIDA (COMPENSATION III)

• Occupational diseases (Occupational disease Sch 3. Disease in employment. 12 months. Notify of contraction – employer notifies Commissioner within 14 days.)

• Increased compensation (Negligence of employer. 24 months.)

• Less than 3 days No payment.• Serious misconduct of employee No payment

unless serious disablement/death.• Invalid contract Deal as if valid.• Medical Aid/Medical exam May be paid from

Fund.• Essential actions Help from Fund.

COIDA (COMPENSATION FROM EMPLOYER/3RD PARTY)• Deliberate wrongdoing of employer.• Where an employee contract an

occupational illness /injury through 3rd party – Intent/negligence- may claim from the CC( Compensation Commissioner) and the third party.

• Can thus not claim damages from the ER of the injured or deceased employee- UNLESS there is deliberate wrongdoing on the side of the ER.

COIDA (OCCUPATIONAL DISEASES IN MINES)

•Separate legislation.

COURT CASES.

Gunter v Compensation Commissioner

Twalo v Minister of Safety and Security

Mankayi v Anglogold Shanto Ltd