Who is (should) be covered by labour law? Lessons from Kylie v CCMA
Rapatsa, M J
Matloga, N S
- Publisher: Journal Of Business Management & Social Sciences Research
Journal Of Business Management & Social Sciences Research
(issn: 2319-5614, eissn: 2319-5614)
Business Management; Human Resources Management | An employee, labour protection, right to fair labour practice, employment contract, transformation
This article explores the meaning of an employee in the light of Kylie v CMMA and Others and recent jurisprudence, guided significantly by the definition in the Labour Relations Act, 66 of 1995 and section 23(1) of the Constitution. The article further analyses whether the LRA affords protection to an employee engaging in an illegal activity, particularly with reference to the practice of prostitution in South Africa. The article is a product of the difficulties faced by the majority of workers, brought about by atypical forms of employment in the contemporary world of work. It is asserted that the labour law developments have reached a stage where identifying an employee or a worker should be by fully appreciating and accommodating the diversity in the modern world of work. This can be attained by transcending finding a contract of employment with establishing the existence of an employment relationship, irrespective of the nature of the contract. The transformative nature of the Constitution provides succinct direction in that regard.