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South Africa decisions
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Williams v CCMA and Others (C 267/2024) [2025] ZALCCT 17 (7 March 2025)
The Labour Court dismissed a review of a CCMA condonation ruling, finding the commissioner applied the correct test and acted judicially.
Smith v Mouille Grange Body Corporate and Others (C606/2022) [2024] ZALCCT 55 (18 November 2024)
Labour Court held that the applicant was an independent contractor, not an employee, so the CCMA lacked jurisdiction and the review was dismissed.
Morudu and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1735/2021) [2024] ZALCJHB 522 (25 October 2024)
The Labour Court granted condonation, set aside a CCMA jurisdictional ruling, and remitted the dispute because the commissioner failed to hear the applicants’ evidence on employee status.
Hamper Sales (Pty) Ltd and Another v L.D. Mahlahangu (N. O.) and Others (JR 2982/19) [2023] ZALCJHB 22; (2023) 44 ILJ 1072 (LC) (20 February 2023)
Labour Court held that a sales consultant was an independent contractor, not an employee, so the arbitrator lacked jurisdiction over her unfair dismissal claim.
Lime Global Ltd v Myhill NO and Others (JR827/18) [2020] ZALCJHB 144 (21 August 2020)
The court found that the applicant, a UK-based company, did not conduct a separate or divorced business undertaking in South Africa. The third respondent worked remotely from South Africa, but all evidence indicated that the applicant's business was based in the United Kingdom. There was no evidence that the employment relationship was connected to any South African business or assets. Accordingly, the CCMA lacked territorial jurisdiction to determine the dispute. The arbitration award was reviewed and set aside, and the third respondent's dispute was dismissed on jurisdictional grounds.
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Bean v Thee and Others (JR1842/16) [2018] ZALCD 5 (22 June 2018)
The court found that the applicant failed to establish that she was an employee of the third respondent. The evidence showed that after the expiry of her fixed-term employment contracts, the applicant entered into a consultancy agreement, registered as a supplier, and invoiced for services rendered at an hourly rate. She was not subject to the third respondent's control regarding hours or place of work, did not receive employment benefits, and was paid gross amounts without tax deductions. The applicant herself acknowledged her status as a service provider. The court held that the dominant im…
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Tshabalala v Kruger (JR475/14) [2017] ZALCJHB 2 (11 January 2017)
A Labour Court review of a CCMA jurisdictional ruling was dismissed because default judgment was not competent, no review grounds were pleaded, and the matter appeared out of time.
Qubekela Projects CC v Mokoena (J37/15) [2016] ZALCJHB 236 (8 July 2016)
The Labour Court rescinded an order making a CCMA award an order of court, finding it had been granted in the applicant’s absence and that good cause was shown.
Department of Public Enterprises v Vermooten and Others (JR191/2012) [2015] ZALCJHB 311 (14 September 2015)
The Labour Court granted condonation for a late leave-to-appeal application and allowed an appeal to the Labour Appeal Court in a dispute about employee status.
Phaka and Others v Bracks and Others (JA 3/2014) [2014] ZALAC 73; [2015] 5 BLLR 514 (LAC); (2015) 36 ILJ 1541 (LAC) (18 December 2014)
The Labour Appeal Court held that former employees in an owner-driver scheme were independent contractors, so the bargaining council lacked jurisdiction.
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