South Africa Case Law

Hamper Sales (Pty) Ltd and Another v L.D. Mahlahangu (N. O.) and Others (JR 2982/19)

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)

Court

Labour Court Johannesburg

Case number

JR 2982/19

Judge

Lagrange

Labour Court held that a sales consultant was an independent contractor, not an employee, so the arbitrator lacked jurisdiction over her unfair dismissal claim.

• Employee Vs Independent Contractor
• Jurisdiction Of Arbitrator
• Unfair Dismissal
• Section 200a Lra
• Condonation Of Late Filing
• Employee-vs-independent-contractor

Kiyega v Commission for Conciliation, Mediation and Arbitration and Others (C818/2016)

Kiyega v Commission for Conciliation, Mediation and Arbitration and Others (C818/2016) [2017] ZALCCT 70 (29 September 2017)

Court

Labour Court Cape Town

Case number

C818/2016

Judge

Moshoana

The applicant failed to present a compliant affidavit setting out legal grounds for review, rendering the application fatally defective. On the merits, the applicant did not provide credible evidence of an employment relationship with the third respondent. He did not demonstrate remuneration, either in cash or in kind, nor did he establish that he was subject to supervision or control, integrated into the organisation, or economically dependent on the third respondent. The presumption in section 200A of the LRA was not triggered due to lack of evidence. The eviction letter was issued in the c…

Source excerpt

• Employment Relationship
• Jurisdictional Ruling
• Section 213 Lra
• Section 200a Lra
• Payment In Kind
• Review Test

Folami v Commission for Conciliation Mediation and Arbitration and Others (C268/2009)

Folami v Commission for Conciliation Mediation and Arbitration and Others (C268/2009) [2010] ZALC 336 (12 March 2010)

Court

Labour Court

Case number

C268/2009

Judge

K S Tip

The Labour Court dismissed a review of a CCMA jurisdictional ruling, finding the applicant was not shown to be an employee under the LRA.

• Employee Definition
• Jurisdictional Review
• Section 200a Lra
• Remuneration In Kind
• Employee-definition
• Ccma-jurisdiction