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An appraisal of the status of uber drivers in South African labour law
Mini Dissertation (LLM)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613490567446528 |
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| access_status_str | Open Access |
| author2 | Van Eck, B.P.S. |
| author_browse | Van Eck, B.P.S. |
| author_facet | Van Eck, B.P.S. |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65702 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:58.812Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/65702 An appraisal of the status of uber drivers in South African labour law Van Eck, B.P.S. nemusimborie@gmail.com Nemusimbori, Ndivhuwo Enerst UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. The South African labour dispensation is straddling between the common law and the ever-changing employment relationships. The narrative is demonstrated by the emerging business model of Uber, which has changed the labour market globally and taps into the fabric of employment law. The major concern that came with the Uber business model was its implication in the labour market which makes it difficult to determine the existence of employment relationship between Uber and its drivers. It has been argued in various jurisdictions, including the UK and the US, that Uber does not employ its drivers or either owns any vehicles and this make its drivers independent contractors. This has been rejected and the courts have concluded that drivers render their services to Uber and not to themselves and this make Uber to be their employer. This dissertation seeks to asses an appraisal status of the Uber drivers in the South African labour law context. The definition of employee as provided for under section 213 of the Labour Relations Act, 1995 only applies to persons who are defined as “employees”. This definition is characterized by the common-law contract of employment despite the fact that there is a shift to employment relationships, which is guided by the facts, and not by the form given to it by the parties. The definition of “worker” as preferred in the UK and that of “employee” used in the US is broader to be inclusive to address the question of legal status of Uber drivers under this technological era. The classification and treatment of Uber drivers as employee should enable them to have access to other employment benefits and social security that will enable them to provide for their families. Mercantile Law LLM Unrestricted 2018-07-16T07:56:12Z 2018-07-16T07:56:12Z 2018/04/17 2017 Mini Dissertation Nemusimbori, NE 2017, An appraisal of the status of uber drivers in South African labour law, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65702> A2018 http://hdl.handle.net/2263/65702 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD An appraisal of the status of uber drivers in South African labour law |
| title | An appraisal of the status of uber drivers in South African labour law |
| title_full | An appraisal of the status of uber drivers in South African labour law |
| title_fullStr | An appraisal of the status of uber drivers in South African labour law |
| title_full_unstemmed | An appraisal of the status of uber drivers in South African labour law |
| title_short | An appraisal of the status of uber drivers in South African labour law |
| title_sort | appraisal of the status of uber drivers in south african labour law |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65702 |