Salvation Army (South African Territory) v Minister of Labour (J 464/02) [2004] ZALC 64; (2005) 26 ILJ 126 (LC); [2004] 12 BLLR 1264 (LC) (2 September 2004)

Salvation Army (South African Territory) v Minister of Labour (J 464/02) [2004] ZALC 64; (2005) 26 ILJ 126 (LC); [2004] 12 BLLR 1264 (LC) (2 September 2004)

The court found that the applicant does not enter into contracts of employment with its officers, who are ordained ministers serving in response to a spiritual calling. The officers sign undertakings expressly excluding any employment relationship, and the relationship is governed by religious conscience and spiritual covenant, not by employment contract. The officers receive living allowances, not remuneration for services rendered, and there is no intention by either party to create an employment relationship. The court held that the officers are not employees as defined in the Labour Relations Act and related statutes, and those Acts do not apply to them. The applicant established...

Citation
[2004] ZALC 64
Parties
Applicant: The Salvation Army (South African Territory); Respondent: The Minister of Labour
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 September 2004
Case Number
J 464/02
Procedural Posture
Declaratory Application / Judgment
Outcome
Declaratory order granted in favour of the applicant.
Judges
Maya
Legal Topics
Definition of Employee, Minister of Religion, Applicability of Labour Legislation, Declaratory Relief
Labour Law Definition of Employee Minister of Religion Applicability of Labour Legislation Declaratory Relief

Case Brief

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Parties

The Salvation Army (South African Territory)

Applicant

The Minister of Labour

Respondent

Procedural Posture

Declaratory Application / Judgment

Legal Issues

  1. 1 Whether the officers of the Salvation Army are employees as defined in the Labour Relations Act and related labour statutes.
  2. 2 Whether the relevant labour legislation applies to the officers of the Salvation Army.

Ratio Decidendi

The court found that the applicant does not enter into contracts of employment with its officers, who are ordained ministers serving in response to a spiritual calling. The officers sign undertakings expressly excluding any employment relationship, and the relationship is governed by religious conscience and spiritual covenant, not by employment contract. The officers receive living allowances, not remuneration for services rendered, and there is no intention by either party to create an employment relationship. The court held that the officers are not employees as defined in the Labour Relations Act and related statutes, and those Acts do not apply to them. The applicant established...

Court Disposition

Declaratory order granted in favour of the applicant.

Orders

  • The officers of the applicant are declared not to be employees as defined in the Labour Relations Act, 66 of 1995; The Basic Conditions of Employment Act, 75 of 1997; The Employment Equity Act, 5 of 1998; The Unemployment Insurance Act, 30 of 1966; The Skills and Development Act, 97 of 1998; The Compensation for...