Two union applicants, representing 51 employees, referred a matter in terms of section 198A of the Labour Relations Act No. 66 of 1997 to the CCMA. The applicant unions requested an order whereby their members are declared employees of the University of Cape Town. After taking into consideration various factors, the CCMA declared that the 51 employees are indeed employees of the University of Cape Town.

Democratised Transport Logistics and Allied Democratised Transport Logistics and Allied Workers’ Union and others / University of Cape Town and another (2023) 32 CCMA 8.28.1

Case summary

The two applicant unions, DETAWU and NEHAWU, approached the CCMA to seek an order whereby their members are declared employees of the University of Cape Town (“UCT”).

Members of the two applicant unions had been employed by the PPLE Group to work as food service assistants (FSA) on the campus of UCT for about 5 years. The employees claimed that UCT was obliged to treat them as full-time employees. UCT argued that PPLE was a temporary employment service which, in terms of a service-level agreement, provided food service assistants as and when required.

The commissioner addressed several questions to the parties gleaned from the judgment in Victor and others v Chep South Africa (Pty) Ltd and others [2021] 1 BLLR 53 (LAC). In the present matter, the commissioner found that the employees did work under UCT’s direction every day and worked in accordance with the hours required by UCT. UCT also provided the FSA with transport. The employees reported to the kitchen if and when required to do so by UCT via the agency. All equipment and tools required to perform the tasks in the kitchen during a shift was provided by UCT.  Thus, their daily duties were determined by UCT, and work output and performance were also measured by UCT. It was on record that these staff members formed an integral part of UCT.

The employees were, furthermore, used as replacement labour when needed elsewhere. Except for the fact that disciplinary action against the FSA was taken by PPLE and PPLE also paid their salaries, the employees were treated the same as every other full-time employee of UCT. The employees did not receive the same benefits with regard to leave and payment as other full-time employees, though.

Following the judgment supra, the commissioner held that UCT’s answers to the posed questions indicated that the FSA were employees of UCT, and had been since 20 July 2022. The commissioner declared that the 51 employees were indeed employees of UCT.

Issued by Labour Guide