Legal updates and opinions
Post Author
News / News
Temporary Employment Service – Judgement
On 26 July 2018, the Constitutional Court upheld the decision of the Labour Appeal Court in National Union of Metalworkers of SA v Assign Services & others. In so doing, section 198A(3)(b) of the Labour Relations Act (“LRA”) was confirmed to mean that employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who are placed with a client by a temporary employment service (“TES”) for a period exceeding three months are solely employed by the client, and the TES is no longer the employer of that employee.
The effect of the judgment is that the TES client becomes responsible for all the obligations of an employer with regards to the TES employee.
If you would like to learn more about Labour & Employment please visit our practice area page.
Latest News
Occupational health and safety in the COVID-19 workplace
By Jacques van Wyk, Director and Bradley Workman-Davies, Director A directive has recently been issued by the Department of Employment [...]
Moving towards the end of the lockdown – keeping it consistent and clear
by Bradley Workman-Davies, Director The last big news from Government in relation to the National Lockdown, as outlined in the [...]
Joint ventures – once competition law’s ugly sister, now beloved Cinderella?
by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice and Graeme Wickins, Director As the global economy is [...]
The protection of privacy and personal information. How much personal information will be enough?
One Covid-19. So many tracing apps to locate individuals. "Your recently announced project to respond to COVID–19 by tracking when [...]
Actions that may be taken to address some of the risks arising from the COVID-19 crisis in connection with M&A transactions
by Nozipho Bhengu, Director Introduction 1.1 On the 24th of March 2020, the President of the Republic of South Africa [...]
Success fees to Business Rescue Practitioners: important aspects to consider
By Malachizodok Mpolokeng, Candidate AttorneyReviewed by: Dr. Eric Levenstein, Director and head of the Insolvency, Business Rescue & Restructuring practice. [...]
