Gerber v Denel (Pty) Ltd (J2175/98) [2002] ZALC 131 (15 March 2002)

Gerber v Denel (Pty) Ltd (J2175/98) [2002] ZALC 131 (15 March 2002)

The court found that, despite the contractual arrangements through corporate entities, the applicant's actual working relationship with the respondent was that of an employee. She worked exclusively and full-time for the respondent, was subject to its control and discipline, and participated in its management and strategic decision-making. The respondent presented her as an employee both nationally and internationally and made significant investments in her personally. The court held that the dominant impression from the facts established an employment relationship as defined in section 213 of the Labour Relations Act. The respondent could not avoid its obligations under labour...

Citation
[2002] ZALC 131
Parties
Applicant: J F E Gerber; Respondent: Denel (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
15 March 2002
Case Number
J2175/98
Procedural Posture
Civil Judgment / Point in Limine
Outcome
The point in limine raised by the respondent is dismissed. Costs are reserved.
Judges
E Revelas
Legal Topics
Definition of Employee, Contractual Relationships, Estoppel, Retrenchment, Tax Directives
Labour Law Definition of Employee Contractual Relationships Estoppel Retrenchment Tax Directives

Case Brief

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Parties

J F E Gerber

Applicant

Denel (Pty) Ltd

Respondent

Procedural Posture

Civil Judgment / Point in Limine

Legal Issues

  1. 1 Whether the applicant was an employee of the respondent as defined in section 213 of the Labour Relations Act.
  2. 2 Whether the respondent is estopped from denying the applicant's status as an employee.
  3. 3 Whether the contractual arrangements between the parties constituted an employment relationship.

Ratio Decidendi

The court found that, despite the contractual arrangements through corporate entities, the applicant's actual working relationship with the respondent was that of an employee. She worked exclusively and full-time for the respondent, was subject to its control and discipline, and participated in its management and strategic decision-making. The respondent presented her as an employee both nationally and internationally and made significant investments in her personally. The court held that the dominant impression from the facts established an employment relationship as defined in section 213 of the Labour Relations Act. The respondent could not avoid its obligations under labour...

Court Disposition

The point in limine raised by the respondent is dismissed. Costs are reserved.

Orders

  • The point in limine raised by the respondent is dismissed.
  • Costs are reserved.