economic dependency test Archives

Disputed employment relationship: Clerk of Works

by GilesFiles | Feb 12, 2024 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 197 - transfers, MR Makhura, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Radio presenter status: Contractor not employee

by GilesFiles | Sep 20, 2022 | 2020 onwards, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Fixed-term, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Dominant contractual consultancy: Terms acceptable

by GilesFiles | Dec 14, 2016 | 2016, 2016, AA Landman, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, Topics | 1 |

Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The appellant appealed against the setting aside...

Employing estate agents: New approach applied

by GilesFiles | Dec 4, 2009 | 2014 and earlier, André van Niekerk, Causes and defences, Courts, Dennis Davis, Estate agents, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Parties, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

An employee is defined in LRA s 213 and excludes an independent contractor but it is still necessary to determine the true nature of any contractual relationship on the basis of the facts of each case. The courts have adopted...

Tag: economic dependency test

Disputed employment relationship: Clerk of Works

Radio presenter status: Contractor not employee

Dominant contractual consultancy: Terms acceptable

Employing estate agents: New approach applied