Ziphakamise Capitol Caterers (Pty) Ltd v Wolmarans and Others (J537/04) [2008] ZALC 82 (20 June 2008)

Ziphakamise Capitol Caterers (Pty) Ltd v Wolmarans and Others (J537/04) [2008] ZALC 82 (20 June 2008)

The court found that the dominant features of the employment relationship indicated that the applicant was the true employer. The contract was concluded and terminated in South Africa, both parties were South African, and the salary and benefits were administered and paid in South Africa. The employee's duties, salary payments, and benefits were all linked to South Africa, and the applicant exercised control over the employment relationship. The court applied the dominant impression test and the objective test for choice of law, concluding that South African law governed the contract and that the CCMA had jurisdiction. The review application was dismissed as the commissioner’s award was...

Citation
[2008] ZALC 82
Parties
Applicant: Ziphakamise Capitol Caterers (Pty) Ltd; Respondent: G Wolmarans; Respondent: N Miles NO; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 June 2008
Case Number
J537/04
Procedural Posture
Review Application / Judgment
Outcome
The review application is dismissed with costs.
Judges
Molahlehi
Legal Topics
Jurisdiction of Ccma, Employment Relationship, Choice of Law, Constructive Dismissal, Review of Arbitration Award
Labour Law Civil Procedure Jurisdiction of Ccma Employment Relationship Choice of Law Constructive Dismissal Review of Arbitration Award

Case Brief

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Parties

Ziphakamise Capitol Caterers (Pty) Ltd

Applicant

G Wolmarans

Respondent

N Miles NO

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to entertain the dispute.
  2. 2 Whether an employment relationship existed between the applicant and the employee.
  3. 3 Which country's law governed the employment relationship.

Ratio Decidendi

The court found that the dominant features of the employment relationship indicated that the applicant was the true employer. The contract was concluded and terminated in South Africa, both parties were South African, and the salary and benefits were administered and paid in South Africa. The employee's duties, salary payments, and benefits were all linked to South Africa, and the applicant exercised control over the employment relationship. The court applied the dominant impression test and the objective test for choice of law, concluding that South African law governed the contract and that the CCMA had jurisdiction. The review application was dismissed as the commissioner’s award was...

Court Disposition

The review application is dismissed with costs.

Orders

  • The application for review is dismissed.
  • The applicant is ordered to pay the costs of the proceedings.