Employee Status

[andriek]

I was placed on Permanent disability a year ago after 20 year's service.

There are a few unresolved issues that I want to finalise but the company claims that there is no longer an employee / employer relationship between us.

I am still receiving a salary (Disability Pay) from the company.

I have not received any documents from the employer to support their statement.

Do I have any foot to stand on as per the LRA?




The LRA defines an employee as;
(a) any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and
(b) any other person who in any manner assists in carrying on or conducting the business of an employer.
Paragraph (b) of the definition was intended to prevent employers from evading the provisions of labour legislation by concluding contracts which would be considered as independent contractors contracts as opposed to employment contracts.

[HR Solutions]

If u are receiving a salary from the company then there IS a "relationship".

[andriek]

Thank you for the feedback.

[Dave A]

I am still receiving a salary (Disability Pay) from the company.

Are you sure you are receiving this from the company, or in fact from an insurer as a result of an insured disability benefit?

Are you working for, or providing any services to the company?

And lastly, why do you ask? If the company says you are no longer an employee, quite clearly their view is there has been a termination of employment. To ignore this might be foolhardy; it depends what you want to achieve.