IN GOOD FAITH
CARMEL RICKARD: Freelancers defeated
A key part of the legislation intended to protect independent contractors from unscrupulous employers has to do with how much they earn
Just when does a freelancer become an employee? It is a question raised increasingly in the courts by independent contractors, leaving their jobs, who want the benefits associated with formal employment. It has become such a trend that a labour court judge has spoken of his concerns about it, and devoted much of a recent decision to showing how to test the true nature of a work relationship. Acting judge Sean Snyman was considering the case of nine independent contractors working for the SABC as video editors. They brought an unfair labour practice dispute against the SABC, claiming they were actually employees and entitled to the same benefits as other SABC employees. The broadcaster disputed this, and when the arbitrator found in favour of Sean Burke and his colleagues, the matter went to the labour court.
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