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South Africa decisions
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Nieftagodien v Yikusa Building Contractors (Pty) Ltd (PS07/20) [2024] ZALCPE 1 (12 February 2024)
The Labour Court held that the applicant was not an employee of the respondent and dismissed his arrear salary claim for lack of jurisdiction.
National Bargaining Council for the Clothing Manufacturing Industry (KZN Chamber) v Glamour Fashions Worker Primary Co-Operative Limited and Others (DA04/2017) [2018] ZALAC 10; (2018) 39 ILJ 1737 (LAC); [2018] 9 BLLR 876 (LAC) (15 May 2018)
The Labour Appeal Court dismissed an appeal seeking declaratory relief over worker co-operatives and the Labour Relations Act, finding no actual statutory conflict.
MEC of the Western Cape Provincial Government Health Department v Coetzee and Others (C276/17) [2017] ZALCCT 67 (30 November 2017)
The court held that the commissioner correctly identified and resolved the principal issue: whether Coetzee and others were employed or engaged in the public health sector and thus subject to the collective agreement. The statutory definitions in the LRA were applied, and the factual matrix established that Coetzee and others performed duties at provincial hospitals under the applicant's control. The court found that the commissioner’s reasoning and application of the law were reasonable and that any alleged error of law was immaterial to the outcome. The review test is one of reasonableness,…
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Maile v Department of Correctional Services (JS33/13) [2017] ZALCJHB 106 (24 March 2017)
The court held that the applicant's employment relationship was suspended upon his incarceration, and he could not be classified as an employee during that period. The appeal process could not be completed due to intervening circumstances, and the respondent was not obliged to convene appeal proceedings at the correctional facility. The applicant's reliance on clause 7.16.2.1 was misplaced, as the definitions in the relevant statutes require the ability to render services and receive remuneration, which was not possible during imprisonment. The claim for remuneration was therefore without mer…
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Universal Church of the Kingdom of God v Myeni and Others (DA 3/14) [2015] ZALAC 31; [2015] 9 BLLR 918 (LAC); (2015) 36 ILJ 2832 (LAC) (28 July 2015)
The Labour Appeal Court held that a church pastor was not an employee because no legally binding contract or employment arrangement existed, so the CCMA lacked jurisdiction.
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.
Silver Falcon Trading 176 (Pty) Ltd v Mahlawule NO and Others (JR1296/12) [2014] ZALCJHB 129 (22 April 2014)
Labour Court reviewed and set aside a CCMA award finding an employment relationship. It held the evidence supported a profit-sharing arrangement, not employment.
Norodien v Ajax Cape Town Football Club (Pty) Limited t/a Ajax Cape Town Football Club and Others (C72/2014) [2014] ZALCCT 27; (2015) 36 ILJ 472 (LC) (12 March 2014)
The Labour Court does not have jurisdiction to adjudicate a dispute where the applicant unequivocally asserts that he is not an employee. Jurisdiction under the Labour Relations Act is limited to disputes for which the Act creates a remedy, and the applicant's own pleadings placed him outside the scope of the Act. Section 157(2) does not extend jurisdiction to all employment-related disputes, but only those specifically provided for in the LRA. The McCarthy decision was distinguishable on its facts and predated the Constitutional Court's clarification in Gcaba. The application was accordingly…
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Universal Church of The Kingdom of God v CCMA and Others (D348/12) [2013] ZALCD 35; [2014] 3 BLLR 295 (LC); (2014) 35 ILJ 1678 (LC) (27 November 2013)
The court held that the pastor was an employee of the church for the purposes of the Labour Relations Act. The evidence established that the pastor rendered services under the church's control and direction, was economically dependent on the church, worked regular hours, and was integrated into the church's organisational structure. The statutory presumption in section 200A applied, and the church failed to rebut it. The absence of a written contract did not preclude the existence of an employment relationship. The court distinguished earlier case law decided before the introduction of sectio…
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Peter v Commission for Conciliation Mediation and Arbitration and Others (JR 798/12) [2013] ZALCJHB 265 (10 July 2013)
The court found that the Second Respondent correctly applied the dominant impression test and relevant statutory provisions to determine the true nature of the relationship between the Applicant and the Third Respondent. The evidence established that the Third Respondent was subject to the Applicant's supervision and control, was integrated into the Applicant's organisation, and was economically dependent on the Applicant. The deductions of PAYE, UIF, and SITE tax, issuance of payslips and IRP5 certificates, and operational requirements such as leave and consumables approval all pointed to an…
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