Welcome to the last Labour Newsflash for 2016.
It is interesting to see how the case law has gone full circle from January to November 2016. The year started with the Penny Sparrow and Gareth Cliff cases, followed by the Kenilworth racecourse incident. Sadly, this labour newsflash starts with another incident highlighting that racism is still alive and has not been appropriately addressed in many South African workplaces.
In our first summary, the matter of South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others [2016] ZACC 38 takes us back to the past. It also illustrates, amongst other things, how unacceptable racism is in the post-democratic South Africa.
Our second case then starts to analyse different forms of employment in the future of work. Whilst not a South African case, this question has found itself in our jurisdiction. The future of work as we know it will continue to pose unique challenges to the norms of labour law. In the case of Aslam & others v Uber BV & others (Case No: 2202550/2015, 28 October 2015), that was heard in the United Kingdom Employment Tribunal, it was ruled that London Uber drivers are ‘workers’ subject to employment law.
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