Blanka Diamonds (Pvt.) Ltd vs Van Els – sllr 2004 volume 3 page 314

In the case between Blanka Diamonds (Pvt.) Ltd. and Van Els, the court addressed the issue of determining the actual employer of the 1st respondent amid ambiguities in a letter of appointment that referenced both the appellant company and a Belgian entity. The court held that, notwithstanding contradictory references, Blanka Diamonds (Pvt.) Ltd. was established as the genuine employer based on the practical realities of employment, such as the location of services, manner of payment, and day-to-day supervision. The principle reaffirmed is that contractual ambiguities cannot be utilized to evade statutory employer responsibilities. Reliance was placed on legal precedents, including Carson Cumberbatch & Co. Ltd v Nandasena, and the Employees Trust Fund Act, affirming that liability for statu