IS AN ESTATE AGENT AN EMPLOYEE?
Perhaps it’s the use of the word “agent”, but we often seem to regard estate agent not as employees. Instead, relying on the language, we regard them as being independent contractors. This may be misleading, as a recent decision of the Labour Court shows. At the beginning of conciliation procedures in respect of an unfair dismissal, the estate agency objected and said that the CCMA did not have jurisdiction because the agent was not an employee. It was specifically provided for in the agreement between them that it was not an employment relationship. Applying the dominant impression test, however, the Labour Court came to conclusion that the balance of probabilities favoured the agent: she was indeed an employee of the agency and the CCMA did have jurisdiction.
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