n Annual Survey of South African Law - Labour law




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 (2009) 30 ILJ 2333 (SCA).


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