Aard van regsverhouding tussen werkgewer en werknemer - word 'n dienskontrak vereis? Universal Church of the Kingdom of God v Myeni (2015) 36 ILJ 2832 (AAH)

Abstract

Before 2008, it was generally accepted that the existence of a contract of employment between employer and employee was an essential requirement for the validity of an employment relationship. After 2008 this requirement was questioned in a number of cases and also abandoned in amendments to the Labour Relations Act. However, towards the end of 2015 the Labour Appeal Court in the Universal Church case restored the previous legal position and stated clearly that an employment relationship is by its very nature dependent on a contractual working arrangement.