THE LABOUR RELATIONS ACT 66 OF 1995 AND MRS BELLE

The Labour Relations Act 66 of 1995 (LRA) aims to promote economic development, social justice, labour peace and democracy in the workplace. It is applicable to every employer and employee in every undertaking, industry, trade or occupation subject to certain exclusions.

The Act is applicable to every employer and every employee hence it is necessary to determine who an employer and who an employee is. Section 200A helps to clarify whether a person is an employee or an independent contractor. Mrs Belle and Miss Blue live in KwaZulu-Natal and render their services to a private catering company, trading as Sweet Tooth Caterers in Durban. The company's mission is to consistently exceed their client's expectations by providing affordable cosmopolitan cuisine and to be the best in the eyes of their customers and employees.

Mrs Belle and Miss Blue are under the direct control of Sweet Tooth Caterers in Durban and are required to be at work, Monday to Friday between 09h00 and 18h00. They are provided with uniforms and are economically dependent on Sweet Tooth Caterers as they do not provide any services for any other catering company.

(Source: Adapted from Du Plessis, J.V. and Fouche, M.A. (2015) A Practical Guide to Labour Law. Eight Edition. South Africa. Lexis Nexis and Talaviation.com, 2016).

Question 1

As stated above: The Act is applicable to every employer and every employee hence it is necessary to determine who an employer and who an employee is. Section 200A helps to clarify whether a person is an employee or an independent contractor. With reference to the above, critically discuss whether Mrs Belle and Miss Blue are independent contractors or employees.

Question 2

Provide a discussion on the application of the Labour Relations Act and explain whether the Labour Relations Act applies to Mrs Belle and Miss Blue