n South African Law Journal - The worker : towards labour law's new vocabulary : note

Volume 124, Issue 3
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



This note explores the borderline between employees and other workers against the background of recent judgments here and elsewhere which suggest, first, that there is an almost universal acceptance that the traditional understanding of the statutory definition of an 'employee' is now obsolete; and, secondly, that the courts are equally uncertain where to draw the new boundaries of protective labour legislation. The aim of this note is to establish to what extent current labour legislation and, more importantly, the Constitution of the Republic of South Africa, 1996 offer an alternative port of entry to protective labour laws.

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