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Labour Law – ARR224

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.

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Labour Law – ARR224

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  1. Labour Law – ARR224 Lecture 1 The Compensation for Occupational Injuries andDiseases Act, 130 of 1993 (COIDA)

  2. 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)

  3. 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.

  4. HISTORY • COMMON 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

  5. HISTORY CONTINUED • WORKMAN’S COMPENSATION ACT( SINCE REPEALED) • REQUIRED NO CULPA, CAUSATION for compensation to be paid regardless whether the ER was negligent or acted with intent • Could only claim material loss ie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

  6. 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

  7. 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: • Course of employment • Wider application. (R 292 032 since 8 June 2012) • Earnings (Monthly rate of remuneration at time of accident and includes food, quarters, overtime etc)

  8. PRESENT • COIDA 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.

  9. COIDA (Application) • Majority of employees (Contract of service/apprenticeship/learnership/ casual employees/directors and members of body corporate/labour broker/dependants/curator). • Excluded: • Military service/military training • SANDF & SAPS while defending SA • Domestic servants in private household • Contractors engaging sub-contractor • Persons employed outside SA • Non-citizens working for less than 12 months in SA

  10. 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.

  11. COIDA (Procedure to claim compensation) • Notify employer of accident and of intention to claim a.s.a.p. • If personal injuries are alleged, employer must notify Commissioner within 7 days. • Complete prescribed forms. • Claim must be lodged within 12 months.

  12. 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

  13. COIDA (Right to compensation II) • Work premises. • While the employee is working. • While the employee is furthering the interests of his employer. • While the employee is being conveyed to and from work free of charge by his employer. • While employee is receiving training in first aid, rescue work or other emergency services. • While the employee is partially furthering his own interests and partially those of his employer. • If employee completely abandons his duties in furtherance of his own interests, he does not enjoy protection of the Act.

  14. 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.

  15. 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

  16. 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.

  17. 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.

  18. COIDA (Occupational Diseases in Mines) • Separate legislation.

  19. court cases. Gunter v Compensation Commissioner Twalo v Minister of Safety and Security Mankayi v AnglogoldShanto Ltd

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