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South Africa decisions
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RFS Administrator v Samons and Others (JA114/22) [2024] ZALAC 10; [2024] 7 BLLR 722 (LAC); (2024) 45 ILJ 2013 (LAC) (11 April 2024)
The Labour Appeal Court held that the respondents remained RFS employees, but the bonus payments were not secret profits and no contractual damages were proved.
Magoshi v Gauteng Department of Education (JR864/15) [2018] ZALCJHB 311; (2019) 40 ILJ 168 (LC) (2 October 2018)
The Labour Court held that the ELRC lacked jurisdiction over a non-appointment dispute because the applicant had resigned before the selection process took place.
National Bargaining Council for the Clothing Manufacturing Industry (KZN) v Glamour Fashions Worker Primary Co-operative Limited and Others (D20/16) [2017] ZALCD 8; (2017) 38 ILJ 1849 (LC) (15 February 2017)
The court held that it cannot issue a blanket declaratory order stipulating that all workers’ co-operatives are subject to the Labour Relations Act. The LRA applies only to persons who meet the statutory definition of 'employee', which requires working for another and receiving remuneration. Legitimate worker co-operatives, characterized by joint ownership, democratic control, and voluntary association, do not create an employment relationship as envisaged by the LRA. The Co-Operatives Act and the LRA serve different purposes and are not in direct conflict. The court found that the rights and…
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Vermooten v Department of Public Enterprises and Others (JA91/2015) [2016] ZALAC 63; (2017) 38 ILJ 607 (LAC); [2017] 6 BLLR 606 (LAC) (14 December 2016)
The Labour Appeal Court held that a valid consultancy agreement, freely chosen and not a sham, meant Dr Vermooten was not an employee of the Department.
Compensation Commissioner v Van Vuuren (A641/2008) [2014] ZAGPPHC 909 (14 November 2014)
High Court appeal on whether a deceased sole proprietor qualified as an employee under the Compensation for Occupational Injuries and Diseases Act.
Protect A Partner (Pty) Ltd v Machaba-Abiodun and Others (JR2062/2010) [2012] ZALCJHB 56; (2013) 34 ILJ 392 (LC) (22 June 2012)
The Labour Court held that the reality test, as developed in South African labour jurisprudence, requires consideration of control, integration, and economic dependence, but no single factor is decisive. The evidence showed that Abiodun was subject to the authority of the applicant, received regular remuneration, was integrated into the organisation, and her primary income was from the applicant. The disciplinary proceedings, provision of office resources, and her role in management and governance further supported the existence of an employment relationship. The Court found that Abiodun sati…
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Kylie v Commission for Conciliation Mediation and Arbitration and Others (CA10/08) [2010] ZALAC 8; 2010 (4) SA 383 (LAC) ; 2010 (10) BCLR 1029 (LAC) ; (2010) 31 ILJ 1600 (LAC) ; [2010] 7 BLLR 705 (LAC) (26 May 2010)
The Labour Appeal Court held that the definition of 'employee' under the Labour Relations Act is sufficiently broad to include persons engaged in illegal work, such as sex workers, for the purposes of constitutional and statutory protection. Section 23 of the Constitution guarantees the right to fair labour practices to 'everyone', and this right is not automatically forfeited due to the illegality of the work. While the criminal law prohibits prostitution, this does not strip sex workers of all constitutional protections, particularly dignity and fair treatment by employers. The court found…
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Police and Prisons Civil Rights Union v Minister of Safety and Security and Another (23157/2007) [2009] ZAGPPHC 121; (2010) 31 ILJ 556 (GNP) (28 September 2009)
The court held that student constables are not workers as envisaged in the Labour Relations Act or section 23(2) of the Constitution. The dominant feature of the contract between student constables and the South African Police Service is training, not the provision of services. Only upon successful completion of training do student constables become eligible to provide services and be considered employees. The applicant, however, does have locus standi to bring the proceedings, as its interest in recruiting student constables is inextricably linked to the interests of those potential members.…
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National Health And Allied Workers Union (NEHAWU) v Ramodise and Others (JR1210/08) [2009] ZALCJHB 18 (18 August 2009)
The court found that the realities of the relationship between NEHAWU and Mr Ramodise established that he was an employee. He was subject to the control and direction of NEHAWU, performed regular duties, received a salary and benefits, and was economically dependent on NEHAWU. Statutory deductions were made from his salary, and he was consistently referred to as an employee in official communications. The absence of a written contract did not negate the existence of an employment relationship. The court rejected NEHAWU's reliance on its constitution, finding that it did not preclude an office…
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National Education Health and Allied Workers Union (NEHAWU) v Ramodise and Others (JR1210/08) [2009] ZALC 154; (2010) 31 ILJ 695 (LC) (18 August 2009)
The court found that the realities of the relationship between NEHAWU and Mr Ramodise demonstrated that he was an employee. Mr Ramodise was subject to the control and direction of NEHAWU, received a salary and benefits, and was economically dependent on NEHAWU. Statutory deductions were made from his salary, and he was consistently referred to as an employee in official communications. The absence of a written contract did not alter the substance of the relationship. The court held that NEHAWU failed to show any basis for reviewing and setting aside the commissioner's ruling. The application…
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