Nieftagodien v Yikusa Building Contractors (Pty) Ltd (PS07/20) [2024] ZALCPE 1 (12 February 2024)

Nieftagodien v Yikusa Building Contractors (Pty) Ltd (PS07/20) [2024] ZALCPE 1 (12 February 2024)

The Court found that the applicant was not an employee of the respondent. The cession agreement between Mtawelanga and the respondent did not transfer the applicant's employment contract, nor did it constitute a transfer of business under section 197 of the LRA, as no written agreement regarding employees was concluded. The respondent did not exercise supervision or control over the applicant, who reported to the principal agent and was paid from funds provided by the Department of Public Works. The applicant was not economically dependent on the respondent and was not integrated into its business. The Labour Court therefore lacked jurisdiction to entertain the claim for arrear salaries,...

Citation
[2024] ZALCPE 1
Parties
Applicant: Mogamat Nieftagodien; Respondent: Yikusasa Building Contractors (Pty) Ltd
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
12 February 2024
Case Number
PS07/20
Procedural Posture
Contractual Claim / Trial
Outcome
Application dismissed for lack of jurisdiction; no order as to costs.
Judges
M Makhura
Legal Topics
Employee Definition, Section 197 Transfer, Jurisdiction, Arrear Salaries, Contractual Dispute
Labour Law Civil Procedure Employee Definition Section 197 Transfer Jurisdiction Arrear Salaries Contractual Dispute

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Parties

Mogamat Nieftagodien

Applicant

Yikusasa Building Contractors (Pty) Ltd

Respondent

Procedural Posture

Contractual Claim / Trial

Legal Issues

  1. 1 Whether the applicant was an employee of the respondent for the relevant period.
  2. 2 Whether the cession agreement constituted a transfer of the applicant's employment contract under section 197 of the LRA.
  3. 3 Whether the applicant is entitled to payment of R300,000 in arrear salaries.

Ratio Decidendi

The Court found that the applicant was not an employee of the respondent. The cession agreement between Mtawelanga and the respondent did not transfer the applicant's employment contract, nor did it constitute a transfer of business under section 197 of the LRA, as no written agreement regarding employees was concluded. The respondent did not exercise supervision or control over the applicant, who reported to the principal agent and was paid from funds provided by the Department of Public Works. The applicant was not economically dependent on the respondent and was not integrated into its business. The Labour Court therefore lacked jurisdiction to entertain the claim for arrear salaries,...

Court Disposition

Application dismissed for lack of jurisdiction; no order as to costs.

Orders

  • The applicant’s referral is dismissed for lack of jurisdiction.
  • There is no order as to costs.