Nicholl v Du Plessis NO (MTN Service Provider) (PA6/12)  ZALCJHB 300 (5 August 2014) per Tlaletsi ADJP [Musi and Mokgoatlheng AJJA concurring]
The applicant has previously worked for MTN for about 12 years before her services were terminated in October 2008 for a reason related to her conduct and a separation agreement was signed. A senior employee of MTN later discussed the possibility of her being employed again. But she was informed that it was impossible due to the background and the reason for her termination of services. The applicant failed to persuade an arbitrator, the Labour Court and the Labour Appeal Court that she was an employee and for that reason alone she could hot have been unfairly dismissed.