n Annual Survey of South African Law - Labour law
|Article Title||Labour law|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Affiliations||1 University of South Africa|
|Publication Date||Jan 2009|
|Pages||719 - 782|
An employee stands in a fiduciary relationship to an employer. The fiduciary relationship, or duty to act in good faith, flows from the conclusion of the employment contract. But whether an employment contract remains a prerequisite for the existence of such a fiduciary relationship is not easy to answer, especially when labour brokers are involved. The complex issues arising from the relationship between labour brokers, the staff they supply and an employer are problematic, as illustrated by Volvo (Southern Africa) (Pty) Ltd v Yssel (2009) 30 ILJ 2333 (SCA).
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