Axing of domestic workers constitutes unfair dismissal

IN REFERENCE to the report, Covid19 used as excuse to axe domestic workers (Monday, March 8):

I agree with the writer’s comments that employers used the Covid-19 pandemic as an excuse/ reason to terminate the services of their domestic workers.

I have had numerous employers approach me to terminate the services of their domestic worker due to Covid-19, but cannot cite this as the reason for termination as it constitutes an automatically unfair dismissal on the grounds of illness.

The domestic worker could claim up to 24 months’ compensation and/or reinstatement with retrospective pay at the Labour Court if a judgment is ruled in favour of the worker.

Furthermore, about 600 000 employers of domestic workers are not registered with UIF, and/or are in arrears, which precludes the domestic worker from registering and claiming UIF (Unemployment Insurance Fund) benefits.

An employer of a domestic worker is not legally obliged to allow an official of the Department of Employment and Labour to enter their residence to do an inspection in regard to compliance in terms of the Sectorial Determination 7: Domestic Worker Sector.

Many domestic workers did not have the assistance nor resources to declare labour disputes at the CCMA/ Labour Court due to these fora disallowing and/or restricting them from entering the said premises during the pandemic, resulting in them being unable to adhere to the time constraints in which to declare labour disputes timeously in relation to their unfair dismissal claims.