LAD Brokers (Pty) Ltd v Mandla (CA14/00) [2001] ZALAC 9; 2002 (6) SA 43 (LAC); [2001] 9 BLLR 993 (LAC); (2001) 22 ILJ 1813 (LAC) (29 June 2001)

LAD Brokers (Pty) Ltd v Mandla (CA14/00) [2001] ZALAC 9; 2002 (6) SA 43 (LAC); [2001] 9 BLLR 993 (LAC); (2001) 22 ILJ 1813 (LAC) (29 June 2001)

The court held that the respondent was not subject to such supervision and control by the appellant as to create an employment relationship, and the contract expressly stated he was an independent contractor. However, section 198(2) of the Labour Relations Act applies where a temporary employment service provides a person to a client and pays remuneration, deeming that person to be the employee of the service. The respondent rendered services to Weatherford but was paid by the appellant, which provided his services to Weatherford. The exclusion in section 198(3) only applies if the respondent is an independent contractor in relation to both the appellant and the client, which was not the...

Citation
[2001] ZALAC 9
Parties
Appellant: LAD Brokers (Pty) Ltd; Respondent: Robert J Mandla
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
29 June 2001
Case Number
CA14/00
Procedural Posture
Civil Appeal / Appeal From Labour Court; Condonation for Late Filing Granted
Outcome
Appeal dismissed with costs; Labour Court order upheld.
Judges
Van Dijkhorst, Zondo, Comrie
Legal Topics
Temporary Employment Service, Independent Contractor Vs Employee, Unfair Dismissal, Section 198 Lra, Procedural Fairness, Compensation for Unfair Dismissal
Labour Law Temporary Employment Service Independent Contractor Vs Employee Unfair Dismissal Section 198 Lra Procedural Fairness Compensation for Unfair Dismissal

Case Brief

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Parties

LAD Brokers (Pty) Ltd

Appellant

Robert J Mandla

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court; Condonation for Late Filing Granted

Legal Issues

  1. 1 Whether the respondent was employed by the appellant or was an independent contractor under section 198(3) of the Labour Relations Act.
  2. 2 Whether the termination of the respondent's contract constituted an unfair dismissal under the Labour Relations Act.
  3. 3 Whether the appellant complied with the procedural requirements for dismissal for operational reasons.

Ratio Decidendi

The court held that the respondent was not subject to such supervision and control by the appellant as to create an employment relationship, and the contract expressly stated he was an independent contractor. However, section 198(2) of the Labour Relations Act applies where a temporary employment service provides a person to a client and pays remuneration, deeming that person to be the employee of the service. The respondent rendered services to Weatherford but was paid by the appellant, which provided his services to Weatherford. The exclusion in section 198(3) only applies if the respondent is an independent contractor in relation to both the appellant and the client, which was not the...

Court Disposition

Appeal dismissed with costs; Labour Court order upheld.

Orders

  • Condonation for late filing of notice of appeal and heads of argument is granted.
  • The appeal is dismissed with costs.