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South Africa decisions
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Mncedane v Maziya General Service and Others (JR 1115/19) [2020] ZALCJHB 142; (2021) 42 ILJ 150 (LC) (17 August 2020)
The Labour Court dismissed a review of a CCMA jurisdiction ruling, finding the applicant’s project-based fixed-term employment ended automatically and no dismissal occurred.
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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South African Broadcasting Corporation (SOC) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR745/16) [2017] ZALCJHB 87 (8 March 2017)
The court held that the individual respondents were not employees of the applicant but independent contractors. The written contracts expressly defined the relationship as independent contracting, with payment per shift, freedom to refuse work, and the ability to contract with third parties. There was no direct supervision or control typical of employment, and the respondents were not integrated into the applicant's organization or entitled to employee benefits. Economic dependence alone was insufficient to establish employment. Section 200A did not apply as the respondents earned above the B…
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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.
Peter Cooper Estates v Van Eeden and Others (PR40/2013) [2015] ZALCPE 25 (24 April 2015)
The court held that the commissioner correctly found the existence of an employment relationship between the applicant and the first respondent. The terms of the contract, the degree of control exercised by the applicant, the provision of tools of trade, the requirement to follow instructions, and the economic dependence of the first respondent all satisfied the statutory indicators of employment under section 200A of the LRA. The waiver of statutory rights in the contract was invalid. The court found no material to rebut the presumption of employment and determined that the termination of th…
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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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Wienand v Pharma Natura (Pty) Ltd (JR561/2011) [2012] ZALCJHB 72; (2013) 34 ILJ 1012 (LC) (12 July 2012)
The Labour Court reviewed a jurisdictional ruling and held that an employment relationship existed, giving the bargaining council jurisdiction.
Folami v Commission For Conciliation, Mediation and Arbitration and Others (C268/2009) [2010] ZALCCT 44 (12 March 2010)
The Labour Court dismissed a review of a CCMA jurisdictional ruling, finding the applicant was not shown to be an employee under the LRA or BCEA.
Sanlam Life Insurance Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA 38/08) [2009] ZALAC 29; (2009) 30 ILJ 2903 (LAC); (18 September 2009)
The Labour Appeal Court held that the third respondent was an independent contractor, so the CCMA lacked jurisdiction over the unfair dismissal dispute.
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