Ziphakamise Capitol Caterers (Pty) Ltd v Wolmarans and Others (J537/04) [2008] ZALCJHB 86 (20 June 2008)

Ziphakamise Capitol Caterers (Pty) Ltd v Wolmarans and Others (J537/04) [2008] ZALCJHB 86 (20 June 2008)

The court found that the dominant features of the employment relationship indicated that the applicant was the true employer. The employment contract was concluded and terminated in South Africa, both parties were South African, salary and benefits were administered in South Africa, and statutory deductions were made under South African law. The evidence presented by the applicant to suggest employment by the Swaziland entity was inconsistent and contradicted by documentary evidence. The court applied the dominant impression test and objective factors to determine that South African law governed the relationship and that the CCMA had jurisdiction. The review application was dismissed as...

Citation
[2008] ZALCJHB 86
Parties
Applicant: Ziphakamise Capitol Caterers (Pty) Ltd; Respondent: G Wolmarans; Respondent: N Miles NO; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 June 2008
Case Number
J537/04
Procedural Posture
Review Application / Judgment on Review and Condonation
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 on Review and Condonation

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 employment contract was concluded and terminated in South Africa, both parties were South African, salary and benefits were administered in South Africa, and statutory deductions were made under South African law. The evidence presented by the applicant to suggest employment by the Swaziland entity was inconsistent and contradicted by documentary evidence. The court applied the dominant impression test and objective factors to determine that South African law governed the relationship and that the CCMA had jurisdiction. The review application was dismissed as...

Court Disposition

The review application is dismissed with costs.

Orders

  • The application to review and set aside the arbitration award is dismissed.
  • The applicant is ordered to pay the costs of the proceedings.