LLA 360 No employment relationship


LLA 360 No employment relationship


This article forms part of the series dealing with the defences to an allegation that an employee was dismissed. The article discusses the defence that the employee was not an employee of the employer and that the CCMA or council therefore has no jurisdiction over the dispute. The article discusses the provisions of the LRA and the common law concerning how arbitrators and courts determine if a person is an employee or independent contractor and the dispute concerning who the employer party is.


The definition of an employee in terms of the LRA is discussed and explained in detail with reference to case law. Each element is then examined in context and with further reference to case law. The article then explains how the courts and arbitrators decide if a person is an employee or independent contractor. The article then discusses who the employer is and the various contexts in which this type of dispute arise.

SKU: LLA390 Categories: ,


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