How can I get more information about my parent's death on duty if their employer won't meet with me?

The long answer

It is certainly illegal for the employers to refuse to meet your family and explain what caused your father’s death at work. As the next of kin, you have a legal right to know what caused his death and what investigations the employers have made into his death, and the employer has a legal duty to inform you. It is truly shocking that the employers are refusing to meet the family about your father’s death. I am assuming that your father was not a member of a union. 

The employers are compelled to report a death on duty to the Compensation for Occupational Injuries and Diseases Act (COIDA). COIDA’s main function is to provide compensation for injuries, diseases or death resulting from injuries or diseases at work.

Dependents of an employee who is fatally injured can also claim compensation.

You should write a formal letter to the employer asking for a meeting to find out what happened to your father, what investigations were undertaken and what reports have been made to the relevant authorities. If they do not respond or are uncooperative, you should lodge a complaint with the Department of Employment and Labour (DEL). You should gather all the information you have about your father’s work – his payslip, his contract etc when making this complaint. If you don’t have this information at hand, ask the Human Resources department at your father’s work to assist you with this information. 

You can go to the provincial office of the Department of Employment and Labour or a Labour Centre to make the complaint. The Pretoria head office telephone number for the Department of Employment and Labour is 012 309 4000.

As your deceased father’s child, you may be able to claim unemployment insurance from the UIF. You can complete Form UF127 and submit it at the labour office. You would need to provide these documents: 

• A copy of your identity document

• Copies of your father’s last six payslips

• A certified copy of the death certificate

These are the contact numbers for UIF:

• The call centre number is 0800 843 843.

• The WhatsApp number for UIF is 082 046 8553 where you can talk to a representative. UIF says you can share your reference number, and ID number but warns that you should not share your password or secret code with anyone.

You could also ask an organisation like the Black Sash which gives free paralegal advice to help you. Their contact details are:

Email: help@blacksash.org.za

Helpline: 072 66 33 739.

Alternatively, contact SA Society for Labour Law

Email: westerncape@saslaw.org.za (other provinces have different emails)

Tel: 021 762 4498

Wishing you the best,
Athalie