Lesson 1 - The Employee
Created @February 8, 2023 1:27 PM
Class Individual Labour Law IOP2601
Reviewed
This is a comprehensive summary of Lesson 1 in LLW2601. It
includes the demarcated information included in the prescribed
textbook as well as the study guide. If you choose not to buy the
Comments textbook, this summary fills in all the parts you would otherwise miss.
These notes are very useful in studying for assignments and using
as core study material
M McGregor & AH Dekker (eds) LABOUR LAW Rules! 4th ed
Sources (2021), Siber Ink
The Employee
Both the LRA and BCEA define ‘employee’.
Employees and independent contractors are not the same thing. - labor laws
only apply to employees
Lesson 1 - The Employee 1
, 4 Tests to distinguish between employees and
independent contractors
Substance over form
parties to an employment relationship do not have equal bargaining powers
“Disguised employment” - a person may agree to be employed as an
independent contractor out of desperation to get the job, while they’re
actually an employee
courts look at the substance of the relationship between parties rather than
form or label
Control test
Looks at the control the employer has over the work the person does, the manner in
which the work should be done, and when and where it should be done, all point to
an employment relationship.
Organization test
Looks at whether the person is part and parcel of the business / organization of the
employer, like whether the person is provided with tools or equipment, by the
employer.
Economic capacity test
If a worker may only work for one employer, they are economically dependent on
that employer for the supply of work, which indicates an employment relationship.
Dominant impression test
This is the main test described by the Code: Who is an Employee? and used by the
courts. This test looks into all aspects of the relationship and then decides whether
the worker is an employee or not, based on the dominant impression formed by that
evaluation.
Lesson 1 - The Employee 2
Created @February 8, 2023 1:27 PM
Class Individual Labour Law IOP2601
Reviewed
This is a comprehensive summary of Lesson 1 in LLW2601. It
includes the demarcated information included in the prescribed
textbook as well as the study guide. If you choose not to buy the
Comments textbook, this summary fills in all the parts you would otherwise miss.
These notes are very useful in studying for assignments and using
as core study material
M McGregor & AH Dekker (eds) LABOUR LAW Rules! 4th ed
Sources (2021), Siber Ink
The Employee
Both the LRA and BCEA define ‘employee’.
Employees and independent contractors are not the same thing. - labor laws
only apply to employees
Lesson 1 - The Employee 1
, 4 Tests to distinguish between employees and
independent contractors
Substance over form
parties to an employment relationship do not have equal bargaining powers
“Disguised employment” - a person may agree to be employed as an
independent contractor out of desperation to get the job, while they’re
actually an employee
courts look at the substance of the relationship between parties rather than
form or label
Control test
Looks at the control the employer has over the work the person does, the manner in
which the work should be done, and when and where it should be done, all point to
an employment relationship.
Organization test
Looks at whether the person is part and parcel of the business / organization of the
employer, like whether the person is provided with tools or equipment, by the
employer.
Economic capacity test
If a worker may only work for one employer, they are economically dependent on
that employer for the supply of work, which indicates an employment relationship.
Dominant impression test
This is the main test described by the Code: Who is an Employee? and used by the
courts. This test looks into all aspects of the relationship and then decides whether
the worker is an employee or not, based on the dominant impression formed by that
evaluation.
Lesson 1 - The Employee 2
