South Africa Case Law

Jansen Van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another (JA 75/23; JA 76/23)

Jansen Van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another (JA 75/23; JA 76/23) [2025] ZALAC 21; [2025] 6 BLLR 569 (LAC) (17 March 2025)

Court

Labour Appeal Court

Case number

JA75/2023; JA76/2023

Judges

Savage, Sutherland, Davis

The Labour Appeal Court held that only claims directly concerned with the employment contract, such as unpaid remuneration and accrued leave, fall within the Labour Court's jurisdiction under section 77(3) of the BCEA. Claims for independent contractor fees and medical aid contributions, which arose after termination of employment and were not linked to the employment contract, are not justiciable by the Labour Court. The settlement agreements contained both employment-related and non-employment-related claims, and each must be assessed separately for jurisdiction. The Labour Court correctly…

Source excerpt

• Jurisdiction Of Labour Court
• Contract Of Employment
• Settlement Agreement
• Independent Contractor
• Quantum Of Claim
• Section 77 3 Bcea

Discovery Life Limited v Munro (A 152 / 2021)

Discovery Life Limited v Munro (A 152 / 2021) [2022] ZAWCHC 239 (25 November 2022)

Court

Western Cape High Court, Cape Town

Case number

A 152 / 2021

Judges

Saldanha, Wille

The High Court dismissed an appeal over the unlawful cancellation of an independent contractor and incentive agreement, confirming the respondent’s counterclaims.

• Contract Termination
• Unlawful Cancellation
• Independent Contractor
• Quantum Of Damages
• Counterclaim
• Costs Of Appeal

Goliath v SA Broadcasting Corporation SOC Ltd and Others (C581/2019)

Goliath v SA Broadcasting Corporation SOC Ltd and Others (C581/2019) [2022] ZALCCT 10; (2023) 44 ILJ 185 (LC) (20 September 2022)

Court

Labour Court Cape Town

Case number

C581/2019

Judge

Lagrange

Labour Court review dismissed: a radio presenter for SABC was found to be an independent contractor, so the CCMA lacked jurisdiction over the unfair dismissal dispute.

• Employment Status
• Independent Contractor
• Unfair Dismissal
• Jurisdiction Of Ccma
• Dominant Impression Test
• Employment-status

South African Broadcasting Corporation SOC Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D510/15)

South African Broadcasting Corporation SOC Ltd v Commission for Conciliation, Mediation and Arbitration and Others (D510/15) [2017] ZALCD 22 (31 October 2017)

Court

Labour Court Durban

Case number

D510/15

Judge

Cele

The court found that the third respondent was engaged as an independent contractor and not as an employee. The written contract, payment structure, exclusion from employee benefits, and tax treatment supported this conclusion. The third respondent did not form an integral part of the applicant's organisation, was not subject to day-to-day supervision, and had the freedom to work elsewhere. The control exercised by the applicant was inherent to the broadcasting industry and related to the quality and content of broadcasts, not to personal supervision. The arbitrator's findings were not support…

Source excerpt

• Employment Relationship
• Jurisdiction Of Ccma
• Independent Contractor
• Unfair Dismissal
• Review Of Arbitration Award

Vermooten v Department of Public Enterprises and Others (JA91/2015)

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)

Court

Labour Appeal Court

Case number

JA 91/2015

Judges

Landman, Waglay, Ndlovu

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.

• Definition Of Employee
• Independent Contractor
• Consultancy Agreement
• Jurisdictional Fact
• Remuneration Policy
• Definition-of-employee

Masalesa v Khuphulanani Training Institute and Another (J2594/15)

Masalesa v Khuphulanani Training Institute and Another (J2594/15) [2016] ZALCJHB 41 (12 January 2016)

Court

Labour Court Johannesburg

Case number

J2594/15

Judge

Steenkamp

The court found, applying the Plascon-Evans rule, that the applicant was not employed by the first respondent but acted as an independent contractor providing consultation services. The application was brought on an urgent basis without sufficient grounds, constituting an abuse of process. The citation of Dell SA, which had no interest in the matter, further demonstrated abuse. The application was dismissed, and costs were awarded against the applicant, but not on a punitive scale.

Source excerpt

• Employment Status
• Abuse Of Process
• Costs Order
• Urgent Motion
• Independent Contractor

Compensation Commissioner v Van Vuuren (A641/2008)

Compensation Commissioner v Van Vuuren (A641/2008) [2014] ZAGPPHC 1066 (13 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

A641/2008

Judges

AC Basson, M Ismail, A Lephoko

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.

• Employee Definition
• Compensation For Occupational Injuries
• Contract Of Service
• Independent Contractor
• Statutory Appeal
• Employee-definition

Kambule v Commission for Conciliation Mediation and Arbitration and Others (JR 721/10)

Kambule v Commission for Conciliation Mediation and Arbitration and Others (JR 721/10) [2013] ZALCJHB 11; [2013] 7 BLLR 682 (LC); (2013) 34 ILJ 2234 (LC) (31 January 2013)

Court

Labour Court Johannesburg

Case number

JR 721/10

Judge

Lagrange

The Labour Court held that a radio presenter was an independent contractor, not an employee, and dismissed the review of the CCMA jurisdictional ruling.

• Employment Relationship
• Independent Contractor
• Jurisdictional Review
• Control And Supervision
• Economic Dependence
• Integration Test

Ward v Van Der Westhuizen (40834/2008)

Ward v Van Der Westhuizen (40834/2008) [2010] ZAGPPHC 157 (19 October 2010)

Court

North Gauteng High Court, Pretoria

Case number

40834/2008

Judge

Du Plessis

The High Court dismissed a motorcyclist’s delict claim after finding the evidence unreliable and holding that the landowner was not negligent or liable.

• Negligence
• Duty Of Care
• Liability For Omission
• Independent Contractor
• Road Hazard
• Delict

A Black CC and Another v Department of Labour and Another (C466/2008)

A Black CC and Another v Department of Labour and Another (C466/2008) [2010] ZALC 14; (2010) 31 ILJ 913 (LC) (26 January 2010)

Court

Labour Court

Case number

C466/2008

Judge

AC Basson

The Labour Court set aside a Department of Labour compliance order after finding no proper condonation request, no record, and unresolved issues about Copping’s employment status.

• Condonation
• Employment Relationship
• Independent Contractor
• Jurisdiction Of Department
• Basic Conditions Of Employment Act
• Compliance-order