LLA400
ASSIGNMENT SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, lOMoARcPSD|18222662
Advanced Lbour Law - LLA400
Question 1
Facts (short)
T is a call-centre agent on successive fixed-term contracts (3 years total). Current
monthly salary R18,000. Supervisor says performance unsatisfactory and that if
performance does not improve within a month, the fixed-term contract will not be
renewed. T is active in organising employees to join CW Trade Union; management
has said “union membership could affect future employment opportunities.”
1.1 Would T be an “employee” for the purposes of labour legislation?
Short answer: Yes — on the facts T will be regarded as an employee under South
African labour law. The enquiry uses statutory definitions and multi-factor tests
developed in case law (control, obligation to work, obligation to pay, integration,
mutuality of obligation), and the facts given (fixed-term contracts, paid monthly salary,
regular hours and duties, subordinate relationship to supervisor) satisfy those tests.
Legal basis and analysis
1. Statutory definition (LRA & BCEA)
The Labour Relations Act defines “employee” broadly for labour law purposes
and the Basic Conditions of Employment Act applies to employees as defined.
Both Acts are purposively interpreted to protect persons in a subordinate,
remunerated working relationship. See s.1 definitions and the BCEA application
provisions (general statutory framework).
2. Tests from case law (multi-factor approach / hallmarks of employment)
South African courts use a holistic, multi-factor test rather than a single
decisive factor. Key indicators include: (a) obligation to perform work, (b)
entitlement to remuneration, (c) degree of control/direction by employer (when,
where, how), (d) integration into employer’s organisation, (e) mutuality of
ASSIGNMENT SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, lOMoARcPSD|18222662
Advanced Lbour Law - LLA400
Question 1
Facts (short)
T is a call-centre agent on successive fixed-term contracts (3 years total). Current
monthly salary R18,000. Supervisor says performance unsatisfactory and that if
performance does not improve within a month, the fixed-term contract will not be
renewed. T is active in organising employees to join CW Trade Union; management
has said “union membership could affect future employment opportunities.”
1.1 Would T be an “employee” for the purposes of labour legislation?
Short answer: Yes — on the facts T will be regarded as an employee under South
African labour law. The enquiry uses statutory definitions and multi-factor tests
developed in case law (control, obligation to work, obligation to pay, integration,
mutuality of obligation), and the facts given (fixed-term contracts, paid monthly salary,
regular hours and duties, subordinate relationship to supervisor) satisfy those tests.
Legal basis and analysis
1. Statutory definition (LRA & BCEA)
The Labour Relations Act defines “employee” broadly for labour law purposes
and the Basic Conditions of Employment Act applies to employees as defined.
Both Acts are purposively interpreted to protect persons in a subordinate,
remunerated working relationship. See s.1 definitions and the BCEA application
provisions (general statutory framework).
2. Tests from case law (multi-factor approach / hallmarks of employment)
South African courts use a holistic, multi-factor test rather than a single
decisive factor. Key indicators include: (a) obligation to perform work, (b)
entitlement to remuneration, (c) degree of control/direction by employer (when,
where, how), (d) integration into employer’s organisation, (e) mutuality of
