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South Africa Case Law

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Labour Law [2024] ZALCPE 44

Solontsi v Commission for Conciliation Mediation and Arbitration and Others (PR31/23)

Solontsi v Commission for Conciliation Mediation and Arbitration and Others (PR31/23) [2024] ZALCPE 44 (15 November 2024)

The Labour Court dismissed a review of a CCMA arbitration award, holding that a prior ruling on employee status did not prevent reconsideration on the merits.

  • Unfair Dismissal
  • Functus Officio
  • Fixed Term Contracts
  • Presumption Of Employment
  • Arbitration Procedure
  • Functus-officio
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Labour Law [2024] ZALCPE 52

Solontsi v Commission for Conciliation Mediation and Arbitration and Others (PR31/23)

Solontsi v Commission for Conciliation Mediation and Arbitration and Others (PR31/23) [2024] ZALCPE 52 (14 November 2024)

The Labour Court dismissed a review of a CCMA arbitration award, holding that an earlier ruling on employment status did not bar reconsideration under section 200A.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Functus Officio
  • Presumption Of Employment
  • Procedural Irregularity
  • Functus-officio
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Labour Law [2014] ZALCJHB 129

Silver Falcon Trading 176 (Pty) Ltd v Mahlawule NO and Others (JR1296/12)

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.

  • Employee Definition
  • Jurisdiction Of Ccma
  • Presumption Of Employment
  • Profit Sharing Vs Employment
  • Employee-definition
  • Ccma-review
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Labour Law [2013] ZALCCT 41

Hamandawana v Dispute Resolution Centre and Others (C 649/2012)

Hamandawana v Dispute Resolution Centre and Others (C 649/2012) [2013] ZALCCT 41 (5 November 2013)

The Labour Court upheld a ruling that an employee on unsigned fixed-term contracts was not dismissed when the contract expired.

  • Fixed Term Contracts
  • Basic Conditions Of Employment Act
  • Presumption Of Employment
  • Review Of Arbitration Award
  • Fixed-term-contracts
  • Bcea
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Labour Law [2013] ZALCJHB 91

Phaka and Others v Bracks and Others (JR1171/11)

Phaka and Others v Bracks and Others (JR1171/11) [2013] ZALCJHB 91 (29 May 2013)

The Labour Court dismissed a review of an arbitration award, finding the applicants were independent contractors and that section 200A presumption was rebutted.

  • Employee Vs Independent Contractor
  • Jurisdiction Of Bargaining Council
  • Presumption Of Employment
  • Review Of Arbitration Award
  • Employee-vs-independent-contractor
  • Presumption-of-employment
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Labour Law [2012] ZAGPPHC 345

Abou-Zeid v Cyberlisting Services (Pty) Ltd t/a Ifind and Another (21793/11)

Abou-Zeid v Cyberlisting Services (Pty) Ltd t/a Ifind and Another (21793/11) [2012] ZAGPPHC 345; (2013) 34 ILJ 2553 (GNP) (11 December 2012)

The High Court held that the plaintiff failed to prove an employment contract and dismissed his salary claim with costs, finding the relationship was not one of employment.

  • Employment Relationship
  • Joint Venture
  • Presumption Of Employment
  • Basic Conditions Of Employment Act
  • Partnership Vs Employment
  • Employment-relationship
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Labour Law [2009] ZALC 135

Pam Goldings Properties (Pty) Ltd v Erasmus and Others (C455/07)

Pam Goldings Properties (Pty) Ltd v Erasmus and Others (C455/07) [2009] ZALC 135; (2010) 31 ILJ 1460 (LC) (4 December 2009)

The Labour Court upheld a CCMA ruling that Denise Erasmus was an employee, finding no reviewable error in the commissioner’s use of the employment-status test.

  • Employee Definition
  • Independent Contractor
  • Jurisdiction Of Ccma
  • Dominant Impression Test
  • Presumption Of Employment
  • Review Of Arbitration Award
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.