(c)
any strike, boycott, lock-out, sit-in, sit-out, stay-away or such
other concerted action on the part of employers or employees
who are not party to the contract of employment in respect of
which the collective job action is undertaken;
5“work of equal value”, for the purposes of subsection (3a) of section five,
means work that involves similar or substantially similar skills,
duties, responsibilities and conditions;";
(b)
by the repeal of the definitions of “employee”, “employer”, “employment
“agency”,“labour relations officer”,“Minister” and “member” and the sub-10stituation of- -“employee" means any person who performs work or services for another
person for remuneration or reward on such terms and conditions
that the first-mentioned person is in a position of economic dependence upon or under an obligation to perform duties for the second15mentioned person, and includes a person performing work or services for another person -(a)
in circumstances where, even if the person performing the work
or services supplies his own tools or works under flexible
conditions of service, the hirer provides the substantial
investment in or assumes the substantial risk of the undertak20ing; or
(b)
in any other circumstances that more closely resemble the
relationship between an employee and employer than that
between an independent contractor and hirer of services;
25“employer” means any person whatsoever who employs or provides work
for another person and remunerates or expressly or tacitly undertakes to remunerate him, and includes- -(a)
the manager, agent or representative of such person who is in
charge or control of the work upon which such other person is
30employed; and
(b) the judicial manager of such person appointed in terms of the
Companies Act [Chapter 24:03]; and
(c) the liquidator or trustee of the insolvent estate of such person,
if authorised to carry on the business of such person by –
35 (i) the creditors; or
(ii) in the absence of any instruction given by the creditors,
the Master of the High Court;
and
(d) the executor of the deceased estate of such person, if author40ised to carry on the business of such person by the Master of
the High Court; and
(e) the curator of such person who is a patient as defined in the
Mental Health Act, .1996 (No. 15 of 1996), if authorised to
carry on the business of such person in terms of section 88 of
45that Act;
“employment agency" means any business carried on for gain or reward
in which employment of any nature whatsoever is either procured
for persons seeking work or is offered to such persons on behalf of
third parties, or in which advice in regard to such procurement or
50offering of employment is given to such persons or third parties, as
the case may be;
"labour officer" means a labour officer referred to in paragraph (b) of
subsection (1) of section one hundred and twenty-one;
3
"member", in relation to the Labour Court, means a President of the
Labour Court or any assessor;
"Minister", in relation to —
(a) every provision of this Act except for Part Xl, means the Min-