When it comes to the difficult question of who is an employee, it is always about relationships and these relationships can be quite complex. It all comes down to the question of who does what, who controls what and how people are paid for what they are doing. But is it mainly a question of control over someone’s activities that is the decisive factor? In a recent CCMA arbitration award it was made clear that the question of control of one person’s activities by another still plays a very important role, a role more important than, for instance, the question of economic dependence. And, of course, the question is whether the employer can rebut the presumption of who is an employee contained in section 200A of the Labour Relations Act.
For further information on any labour related matters, you can contact
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