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Domestic Workers in South Africa Lead the Way in Advancing Social Protection for Precarious Workers

Fairuz Mullagee - 5th November 2019

Gig Economy and Human Rights| Labour Rights| Socio-Economic Rights and Labour Rights

In a recent South African High Court judgement, the court held the failure to cover domestic workers under Compensation for Occupational Injuries and Diseases Act (COIDA) to be unconstitutional. This finding could be a springboard for extending protection for occupational injuries to all precarious workers, including platform workers.  Section 23 of the South African Constitution […]

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OxHRH

From contract to role: using human rights to widen the personal scope of employment protections

Cormac Devlin - 1st November 2019

Labour Rights| Socio-Economic Rights and Labour Rights

The UK Supreme Court’s judgment in Gilham demonstrates how human rights can be used to widen the class of individuals who benefit from employment rights (the “personal scope” of the rights). Further, the court’s reasoning evidences a shift away from contractual thinking in labour law. In a recent UK Supreme Court case, Gilham v MoJ, […]

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