n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Servants of God or employees of the Church? - Reflections on : case note

Volume 27, Issue 2
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



An employment relationship is the product of an agreement concluded between the employer and the employee (Basson et al, (MACE 2009) 8, 21). An employment contract can be concluded either verbally or in writing (McGregor et al, (Siber Ink 2012) 34). The contract contains the terms and conditions agreed to by the parties and regulates their employment relationship (Basson et al at 8; see also Kerr, (Butterworths 1998) 3). Once the agreement is met between the parties, and provided also that the agreement is lawful, it is binding and enforceable amongst them as parties to the contract (McGregor et al at 33-34). The relationship between an employer and an employee is called an individual relationship because it relates to the employee as an individual (Basson et al at 3). The initiation of the contract is solely the employer-employee's province to which nobody, not even the court, may have a say unless there is ambiguity that needs the court's interpretation. This is founded on the principle of freedom to contract (Basson et al at 8).

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