Labour experts say the family of the domestic worker who was allegedly killed by her employer's dogs while on duty, can sue the employer for damages and open a case of negligence against them. 

Tryphina Mngomezulu, 65, was killed on March 2 at a house in Secunda, Mpumalanga, where she had worked for 14 years. Her lifeless body was found by her employers in their premises.  

According to the experts, the law dictates that owners of dogs are liable for the behaviour of their animals. 

Labour lawyer Nathi Mkhize said the family can pursue a civil case where they can sue for damages such as pain and suffering, loss of support, especially if Mngomezulu was the bread winner.  

“In this case they would have to prove two things: one, that the animal acted out of character and two, that the person (employee) had a lawful reason to be on the premises. Sometimes people jump over the wall into premises, and dogs and animals would naturally attack them.”

Parallel to the ongoing inquest into Mngomezulu’s death, Mkhize said the family was entitled to open a separate criminal case of negligence against the dog owners, who could face a fine.

He said while the option to claim for compensation from the compensation fund is viable, it is limiting and should be considered after the civil case. “A civil case is done through the courts. It will be quicker and its impact far greater,” he said.

For nearly three days, Mngomezulu’s son Klaas searched for her, calling her phone repeatedly to no avail. He said the family was not unaware that her body was in a government mortuary as they had not been notified of her death by the employer.

Mkhize said if it could be proven in court that the employer did not contact the next-of-kin in time to inform them about the incident, it could work against the employer. “It would show an element of carelessness on the side of the employer. This could be used to convince the court that the owners of the dogs did not act in good faith.”

Another expert, Michael Bagraim, said Mngomezulu’s family have a legit case to present in a civil court as well as the department of labour for compensation.

Bagraim said the domestic worker would have had to be registered by the employer with the department’s compensation fund.  “If they [employer] did not register her they will face criminal liability. But whether she was registered or not, the family can still lay a claim with the compensation fund.

“The fund is mandated by law to pursue the employer and get them to register, in retrospect, the domestic worker. Once that is done the department will then charge interests, penalties and back-payments to the employer.” 

He also concurred with Mkhize, saying there was a criminal case to be answered. 

“The family could open a case of murder for the actions of the dog for which the employer is liable. The employer has a duty of care for their employee. The duty of care is far-reaching. They certainly must inform the family immediately after the death.” 

He said hundreds of cases were domestic workers were injured or killed by dogs were reported yearly with very little and sometimes no reparations. "Sometimes employers make their [injured] domestic workers sign full and final settlement documents and give a few thousands rand to them to get them out of the way. Once you have signed, nothing else can be done. 

“And because some families are desperate, they take the money for the funeral. But this is not nearly the compensation they deserve. Many domestic workers are also uneducated and employers take advantage of the fact that they do not know their rights." 

While the law include domestic workers in the Compensation for Occupational Injuries and Diseases Act, Bagraim said many employers still ignore this provision.

Both experts advised the family to seek legal advise from Legal Aid at their nearest magistrate’s court or university that offers pro bono representation. 

Eunice Dladla, spokesperson for the SA Domestic Service and Allied Workers Union, called on the government to ensure, through various institutions, that employers follow the law on compensating domestic workers. 

“Domestic workers are unrecognised. We get cases everyday of workers who were attacked by dogs and the cases are not followed through by law enforcement,” she said. 

“In some cases, these would be the employer’s dogs and in other cases in some neighbourhood people would let their dogs roam around. We all know that many domestic workers use taxis and must walk to certain areas and they would sometimes be attacked by dogs.”  

She said the government must make sure that in incidents like these, inspectors are called in to assess the working environment, police are involved and that proper compensation is paid to the affected families.

sibiyan@sowetan.co.za