From domestic work to the gig economy: challenging exclusion under workers compensation law

Abstract

The research paper considers the structural and intersectional dynamics of inequality in labour and social security law pertaining to domestic workers and workers in the platform and gig economy, under workers’ compensation legislation. With reference to Mahlangu v Minister of Labour, the research focuses on the protection under the Compensation for Occupational Injuries and Diseases Act (COIDA), and considers the implications of the proposed International Labour Organisation (ILO) standards for platform workers, while reviewing the move from exclusion to inclusion of platform and gig economy workers under COIDA. The research considers the challenges that domestic workers still face, and the “mistakes” in the approach to domestic workers, to draw lessons that may be relevant as we move from exclusion to inclusion in the context of platform and gig economy workers. It is concluded that enhanced enforcement mechanisms are needed to ensure platform compliance with registration and contribution obligations, including substantial penalties for misclassification and proactive monitoring of emerging platforms. These enforcement efforts should be complemented by simplified claims procedures for platform workers and guaranteed interim payments during claim processing to prevent destitution following workplace injuries. Furthermore, the research paper suggests various recommendations.