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
Is it game set and match Federer?
Roger Federer, holder of eight Wimbledon men's singles titles and currently ranked no. 2 in the world in men's tennis [...]
Broad-Based Black Economic Empowerment Commission (“Commission”) finalises its first case
On 12 July 2018, the Commission issued final findings against BEE Matrix, a BBBEE verification agent. The Commission's first finalised [...]
South Africa’s first case on Section 31
Multinationals with South African group companies are required to adhere to South Africa's transfer pricing legislation as found in section [...]
When the law says – confess!
by Ahmore Burger-Smidt, Head of Data Privacy Practice The importance of a data breach plan The South African society has [...]
Land Reform – ANC To Amend Constitution
The ANC has been embroiled in an internal debate on how to operationalise the resolution it took in its 54th [...]
Temporary Employment Service – Judgement
On 26 July 2018, the Constitutional Court upheld the decision of the Labour Appeal Court in National Union of Metalworkers [...]
