Resolution of disputes with religious connotations or arising from internal church doctrines should be left to the leadership of the church concerned‚ unless there is a compelling reason for a court to get involved.
The Labour Appeal Court made this remark this week as it upheld an appeal by the Universal Church of the Kingdom of God that a pastor whose duties it had terminated was not its employee.
Mxolisi Myeni’s claim that he was an employee of the church had succeeded in the Commission for Conciliation‚ Mediation and Arbitration (CCMA) and in the Labour Court‚ despite having no contract to prove it.
The church claimed that Myeni was not an employee as defined in the Labour Relations Act (LRA).
The Act states that until the contrary is proved‚ a person who works for‚ or renders services to‚ any other person is presumed — regardless of the form of the contract — to be an employee.
Myeni joined the church in 1993 as a member. He was ordained a pastor in 2004‚ and received a stipend of R7500 a month for his services.
The church terminated his services in December 2011 for an alleged misconduct. It claimed he had received offerings from certain church members for his own use‚ a custom not allowed by the church.
Myeni referred a dispute of dismissal to the CCMA. The arbitrator ruled that Myeni was an employee and he had been unfairly dismissed.
The arbitrator ordered the church to pay him compensation equivalent to eight months of his stipend.
On review‚ the Labour Court also held that Myeni was an employee. The church appealed to the Labour Appeal Court.
Labour Appeal Court Judge King Ndlovu said Myeni had signed a document with the church in 2009‚ in which he accepted that he was not an employee of the church but rendered his voluntary service according to his convictions.
Ndlovu said the onus was on Myeni to prove he was an employee of the church as envisaged in the Labour Relations Act.
The judge said‚ on the facts of this case‚ he was satisfied that the mutually agreed relationship between Myeni and the church was one in which Myeni rendered voluntary devotional service to the church.
He said it was never intended that the agreement would constitute an employment relationship‚ producing legally enforceable rights and obligations under the LRA.
Appeal Court denies pastor employee status
Resolution of disputes with religious connotations or arising from internal church doctrines should be left to the leadership of the church concerned‚ unless there is a compelling reason for a court to get involved.
The Labour Appeal Court made this remark this week as it upheld an appeal by the Universal Church of the Kingdom of God that a pastor whose duties it had terminated was not its employee.
Mxolisi Myeni’s claim that he was an employee of the church had succeeded in the Commission for Conciliation‚ Mediation and Arbitration (CCMA) and in the Labour Court‚ despite having no contract to prove it.
The church claimed that Myeni was not an employee as defined in the Labour Relations Act (LRA).
The Act states that until the contrary is proved‚ a person who works for‚ or renders services to‚ any other person is presumed — regardless of the form of the contract — to be an employee.
Myeni joined the church in 1993 as a member. He was ordained a pastor in 2004‚ and received a stipend of R7500 a month for his services.
The church terminated his services in December 2011 for an alleged misconduct. It claimed he had received offerings from certain church members for his own use‚ a custom not allowed by the church.
Myeni referred a dispute of dismissal to the CCMA. The arbitrator ruled that Myeni was an employee and he had been unfairly dismissed.
The arbitrator ordered the church to pay him compensation equivalent to eight months of his stipend.
On review‚ the Labour Court also held that Myeni was an employee. The church appealed to the Labour Appeal Court.
Labour Appeal Court Judge King Ndlovu said Myeni had signed a document with the church in 2009‚ in which he accepted that he was not an employee of the church but rendered his voluntary service according to his convictions.
Ndlovu said the onus was on Myeni to prove he was an employee of the church as envisaged in the Labour Relations Act.
The judge said‚ on the facts of this case‚ he was satisfied that the mutually agreed relationship between Myeni and the church was one in which Myeni rendered voluntary devotional service to the church.
He said it was never intended that the agreement would constitute an employment relationship‚ producing legally enforceable rights and obligations under the LRA.
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