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South Africa decisions
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Compensation Commissioner v Van Vuuren (A641/2008) [2014] ZAGPPHC 1066 (13 November 2014)
The High Court upheld an appeal under the compensation statute, finding the deceased was not an employee because he was self-employed and lacked an employer-employee relationship.
2 Productions and Another v Klugman (A605/09) [2011] ZAWCHC 419 (4 November 2011)
High Court appeal on a rolled vehicle accident upheld negligence under res ipsa loquitur and found the first appellant vicariously liable.
Avbob Mutual Assurance Society v CCMA Bloemfontein and Others (JR562/02) [2003] ZALCJHB 14 (31 January 2003)
The court found that the contract between the applicant and the agent contained all the indicators of an independent contractor relationship, as previously interpreted in the AVBOB case. The features of the contract, such as payment by commission, the ability to employ substitutes, lack of fixed hours, and tax arrangements, were classic pointers to a principal-agent relationship rather than employment. The court held that the existence of an employment relationship is a jurisdictional fact required for the CCMA to arbitrate under section 191 of the Labour Relations Act, 1995. As this fact was…
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Avbob Mutual Assurance Society v Commission for Conciliation Mediation and Arbitration and Others (JR 562/02) [2003] ZALC 171; (2003) 24 ILJ 535 (LC); [2003] 4 BLLR 336 (LC) (31 January 2003)
The court found that the contract between the applicant and the agent contained all the indicators that militated against an employment relationship, as previously interpreted in the AVBOB case. The features of control present in the 'Green Bible' regulations did not override the dominant impression created by the contract terms, which pointed to an independent contractor relationship. The existence of an employment relationship is a jurisdictional fact required for the CCMA to have jurisdiction under section 191 of the Labour Relations Act, 1995. As this fact was absent, the CCMA lacked juri…
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