Kambule v Commission for Conciliation Mediation and Arbitration and Others (JR 721/10) [2013] ZALCJHB 11; [2013] 7 BLLR 682 (LC); (2013) 34 ILJ 2234 (LC) (31 January 2013)

Kambule v Commission for Conciliation Mediation and Arbitration and Others (JR 721/10) [2013] ZALCJHB 11; [2013] 7 BLLR 682 (LC); (2013) 34 ILJ 2234 (LC) (31 January 2013)

The court found that the applicant exercised significant discretion over the content and manner of his radio program, subject only to broad parameters and legal constraints. Any fundamental change in program content required his involvement. He retained freedom to pursue other commercial activities outside broadcasting hours, and the contractual restraint did not prevent him from engaging in non-competitive work. His integration into the station was limited to what was necessary for program production, and his economic activities were conducted through his own corporate entities. The evidence showed he was not subject to the degree of supervision, control, or organisational integration...

Citation
[2013] ZALCJHB 11
Parties
Applicant: Majota Kambule; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Nadia Sithole (N.O.); Respondent: Kaya FM 95.9
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 January 2013
Case Number
JR 721/10
Procedural Posture
Review Application / Judgment on Review of CCMA Jurisdictional Ruling
Outcome
Application to review and set aside the arbitrator's jurisdictional ruling is dismissed.
Judges
Lagrange
Legal Topics
Employment Relationship, Independent Contractor, Jurisdictional Review, Control and Supervision, Economic Dependence, Integration Test
Labour Law Employment Relationship Independent Contractor Jurisdictional Review Control and Supervision Economic Dependence Integration Test

Case Brief

Summary, issues, holding and outcome

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Parties

Majota Kambule

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Nadia Sithole (N.O.)

Respondent

Kaya FM 95.9

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the applicant was an employee or an independent contractor of Kaya FM 95.9.
  2. 2 Whether the CCMA had jurisdiction to entertain the unfair dismissal claim based on the existence of an employment relationship.
  3. 3 Whether the arbitrator's ruling on employment status was reviewable on the evidence before her.

Ratio Decidendi

The court found that the applicant exercised significant discretion over the content and manner of his radio program, subject only to broad parameters and legal constraints. Any fundamental change in program content required his involvement. He retained freedom to pursue other commercial activities outside broadcasting hours, and the contractual restraint did not prevent him from engaging in non-competitive work. His integration into the station was limited to what was necessary for program production, and his economic activities were conducted through his own corporate entities. The evidence showed he was not subject to the degree of supervision, control, or organisational integration...

Court Disposition

Application to review and set aside the arbitrator's jurisdictional ruling is dismissed.

Orders

  • The application to review and set aside the ruling of the second respondent dated 1 February 2010 under CCMA case number GAJB 33319-09 is dismissed.
  • No order is made as to costs.