Peter Cooper Estates v Van Eeden and Others (PR40/2013) [2015] ZALCPE 25 (24 April 2015)

Peter Cooper Estates v Van Eeden and Others (PR40/2013) [2015] ZALCPE 25 (24 April 2015)

The court held that the commissioner correctly found the existence of an employment relationship between the applicant and the first respondent. The terms of the contract, the degree of control exercised by the applicant, the provision of tools of trade, the requirement to follow instructions, and the economic dependence of the first respondent all satisfied the statutory indicators of employment under section 200A of the LRA. The waiver of statutory rights in the contract was invalid. The court found no material to rebut the presumption of employment and determined that the termination of the contract constituted a dismissal. The compensation awarded was reasonable based on the evidence...

Citation
[2015] ZALCPE 25
Parties
Applicant: Peter Cooper Estates; Respondent: Kathleen Muriel Van Eeden; Respondent: Patrick Flood; Respondent: The Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
24 April 2015
Case Number
PR40/2013
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed with costs.
Judges
Van Niekerk
Legal Topics
Employment Relationship, Unfair Dismissal, Section 200a Presumption, Restraint of Trade, Compensation Award
Labour Law Employment Relationship Unfair Dismissal Section 200a Presumption Restraint of Trade Compensation Award

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Cooper Estates

Applicant

Kathleen Muriel Van Eeden

Respondent

Patrick Flood

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the first respondent was an employee or an independent contractor under the Labour Relations Act.
  2. 2 Whether the commissioner erred in finding the existence of an employment relationship.
  3. 3 Whether the dismissal of the first respondent was procedurally and substantively unfair.

Ratio Decidendi

The court held that the commissioner correctly found the existence of an employment relationship between the applicant and the first respondent. The terms of the contract, the degree of control exercised by the applicant, the provision of tools of trade, the requirement to follow instructions, and the economic dependence of the first respondent all satisfied the statutory indicators of employment under section 200A of the LRA. The waiver of statutory rights in the contract was invalid. The court found no material to rebut the presumption of employment and determined that the termination of the contract constituted a dismissal. The compensation awarded was reasonable based on the evidence...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application is dismissed, with costs.