Folami v Commission For Conciliation, Mediation and Arbitration and Others (C268/2009) [2010] ZALCCT 44 (12 March 2010)

Folami v Commission For Conciliation, Mediation and Arbitration and Others (C268/2009) [2010] ZALCCT 44 (12 March 2010)

The court found that the Commissioner correctly applied the jurisdictional test, considering both objective and subjective elements. The applicant's arrangement with the Salvation Army did not meet the statutory definition of 'employee' under the LRA and BCEA. The evidence did not establish that the applicant was subject to control or direction, worked sufficient hours, was economically dependent, or formed part of the organisation. The benefit received was not remuneration linked to hours worked, and the applicant's principal employment was elsewhere. The Commissioner’s conclusion that section 200A did not apply was not reviewable, and the broader statutory definitions did not assist the...

Citation
[2010] ZALCCT 44
Parties
Applicant: Emmanuel Olusegun Folami; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Joesho Thee; Respondent: The Salvation Army Territorial Headquarters
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
12 March 2010
Case Number
C268/2009
Procedural Posture
Review Application / Judgment on Unopposed Review Application of CCMA Jurisdictional Ruling
Outcome
Application dismissed.
Judges
K S Tip
Legal Topics
Employee Definition, Jurisdictional Review, Section 200a Presumption, Remuneration in Kind, Objective Vs Subjective Test
Labour Law Employee Definition Jurisdictional Review Section 200a Presumption Remuneration in Kind Objective Vs Subjective Test

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 Unopposed Review Application of CCMA Jurisdictional Ruling

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 entertain the dispute based on the applicant's employment status.
  3. 3 Whether the Commissioner committed a reviewable irregularity in his jurisdictional ruling.

Ratio Decidendi

The court found that the Commissioner correctly applied the jurisdictional test, considering both objective and subjective elements. The applicant's arrangement with the Salvation Army did not meet the statutory definition of 'employee' under the LRA and BCEA. The evidence did not establish that the applicant was subject to control or direction, worked sufficient hours, was economically dependent, or formed part of the organisation. The benefit received was not remuneration linked to hours worked, and the applicant's principal employment was elsewhere. The Commissioner’s conclusion that section 200A did not apply was not reviewable, and the broader statutory definitions did not assist the...

Court Disposition

Application dismissed.

Orders

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