Mashaba v Cuzen and Woods (J236/97) [1998] ZALC 43 (26 June 1998)

Mashaba v Cuzen and Woods (J236/97) [1998] ZALC 43 (26 June 1998)

The court held that a contract of articles of clerkship does produce an employment relationship as contemplated by the Labour Relations Act, 1995. The definition of 'employee' in section 213 of the Act is sufficiently broad to encompass candidate attorneys, as they work for their principals and receive remuneration. The Attorneys Act governs certain aspects of the relationship, but does not preclude the existence of an employment relationship for labour law purposes. The Labour Court therefore has jurisdiction to adjudicate disputes arising from the termination of such employment, including claims of unfair dismissal. The respondent's preliminary objection that the relationship falls...

Citation
[1998] ZALC 43
Parties
Applicant: Thandi Mashaba; Respondent: Cuzen & Woods
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 June 1998
Case Number
J236/97
Procedural Posture
Point in Limine / Preliminary Objection to Jurisdiction and Employment Status Decided Before Merits
Outcome
The respondent's objection in limine is dismissed. The matter may proceed to trial on the merits if requested.
Judges
R.M.M. Zondo
Legal Topics
Articles of Clerkship, Employment Relationship, Jurisdiction of Labour Court, Definition of Employee, Termination of Employment
Labour Law Articles of Clerkship Employment Relationship Jurisdiction of Labour Court Definition of Employee Termination of Employment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Thandi Mashaba

Applicant

Cuzen & Woods

Respondent

Procedural Posture

Point in Limine / Preliminary Objection to Jurisdiction and Employment Status Decided Before Merits

Legal Issues

  1. 1 Does a contract of articles of clerkship produce an employment relationship under the Labour Relations Act, 1995?
  2. 2 Does the Labour Court have jurisdiction over disputes arising from articles of clerkship?
  3. 3 Is the relationship between principal attorney and candidate attorney governed solely by the Attorneys Act or also by labour law?

Ratio Decidendi

The court held that a contract of articles of clerkship does produce an employment relationship as contemplated by the Labour Relations Act, 1995. The definition of 'employee' in section 213 of the Act is sufficiently broad to encompass candidate attorneys, as they work for their principals and receive remuneration. The Attorneys Act governs certain aspects of the relationship, but does not preclude the existence of an employment relationship for labour law purposes. The Labour Court therefore has jurisdiction to adjudicate disputes arising from the termination of such employment, including claims of unfair dismissal. The respondent's preliminary objection that the relationship falls...

Court Disposition

The respondent's objection in limine is dismissed. The matter may proceed to trial on the merits if requested.

Orders

  • The respondent's objection in limine is dismissed.
  • Any party may request the Registrar to set the matter down for trial on the merits.