Folami v Commission for Conciliation Mediation and Arbitration and Others (C268/2009) [2010] ZALC 336 (12 March 2010)

Folami v Commission for Conciliation Mediation and Arbitration and Others (C268/2009) [2010] ZALC 336 (12 March 2010)

The court found that the Commissioner correctly applied the statutory presumptions under section 200A of the LRA and the definition of 'employee' in both the LRA and BCEA. The applicant's arrangement with the Salvation Army, involving bookkeeping services in exchange for discounted accommodation, did not satisfy the requirements for employee status. The evidence did not support the applicant's claim of working more than forty hours per month, nor did it establish economic dependence or integration into the organisation. The applicant retained the capacity to contract with others and had principal employment elsewhere. The Commissioner’s conclusion that the applicant was not an employee...

Citation
[2010] ZALC 336
Parties
Applicant: Emmanuel Olusegun Folami; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Joesho Thee; Respondent: The Salvation Army Territorial Headquarters
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 March 2010
Case Number
C268/2009
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Application dismissed.
Judges
K S Tip
Legal Topics
Employee Definition, Jurisdictional Review, Section 200a Lra, Remuneration in Kind
Labour Law Employee Definition Jurisdictional Review Section 200a Lra Remuneration in Kind

Case Brief

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Parties

Emmanuel Olusegun Folami

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Joesho Thee

Respondent

The Salvation Army Territorial Headquarters

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the applicant qualifies as an 'employee' under section 213 of the LRA and section 1 of the BCEA.
  2. 2 Whether the CCMA had jurisdiction to hear the dispute based on the employment relationship.
  3. 3 Whether the Commissioner committed a gross irregularity or error of law in his jurisdictional ruling.

Ratio Decidendi

The court found that the Commissioner correctly applied the statutory presumptions under section 200A of the LRA and the definition of 'employee' in both the LRA and BCEA. The applicant's arrangement with the Salvation Army, involving bookkeeping services in exchange for discounted accommodation, did not satisfy the requirements for employee status. The evidence did not support the applicant's claim of working more than forty hours per month, nor did it establish economic dependence or integration into the organisation. The applicant retained the capacity to contract with others and had principal employment elsewhere. The Commissioner’s conclusion that the applicant was not an employee...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.