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Filter: Employee
The Applicability of Section 73A of the BCEA on Independent Contractors

03 September 2024

The difference between employees and independent contractors carries significant weight within the employment law sector. Being considered an employee affords... you a plethora of protections and dispute resolution mechanisms, while the other, not so much. But what happens in the case where you worked for someone, and they refuse to pay the monies due to you? Does your ability to claim owed monies through the Commission for Conciliation, Mediation, and Arbitration (CCMA) depend on whether you are classified as an employee or an independent contractor? This article aims to argue that independent contractors may refer a dispute to the CCMA in terms of Section 73A of the Basic Conditions of Employment Act (BCEA).

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3610
Article
Are You Considered an Employee in Terms of the Labour Relations Act?

03 May 2024

There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are... protected under the Labour Relations Act or not. More often than not, independent contractors believe that they have signed employment contracts as employees, when, in reality, they have signed independent contractor agreements and, in laymen terms, have signed ‘their rights away’. That is, their rights under the Labour Relations Act (LRA). This article explores the differences between an independent contractor and an employee, and what factors to take into account in determining each, respectively.

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831
Article
What is the chance of being reinstated following a dismissal?

15 November 2021

I recently dismissed an employee that was causing serious conflict in our workplace. I’ll admit that the dismissal was done... rather hastily, but we had to get rid of this employee. The employee has taken us to the CCMA, and given that there may be issues with the dismissal, the CCMA may not find in our favour. That’s fine and I’m prepared to pay compensation, we just cannot afford to have this employee back at work. What are the chances that the CCMA may order the reinstatement of the employee if he is successful?

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531
Article
Does working beyond expiry date in fixed-term contract constitute permanent employment?

15 January 2021

I was employed on a fixed-term contract from 15 July 2013 – 14 July 2014. When my contract expired, I... continued working in my position and performing the same tasks. The expiration of my contract was never made an issue. I was, however, dismissed two years later due to the expiration of my contract. Was I a permanent employee? Was my dismissal fair? What is my recourse?

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2189
Article

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