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
Ratepayers association tackles the Shebeen regulations
INTRODUCTION On 1 November 2017 the Gauteng High Court, Johannesburg found in favour of the Yeoville Bellevue Ratepayers' Association [...]
Coal for Christmas – Diener N.O. v Minister of Justice and others
It is that magical time of the year where images are abound of Christmas trees, fairy lights, delicious pudding, family [...]
Know the pages you will be judged against
by Ahmore Burger-Smidt, Head of Data Privacy Practice The Protection of Personal Information Act, Act 4 of 2013 ("POPIA") establishes a [...]
Tax court resolves age-old problem
INTRODUCTION For as long as anyone can remember, a tension has existed between the rules relating to the valuation [...]
Trade marks TCP vs 3CP
The owner of the TCP mark has won its fight to stop the use of the confusingly similar 3CP mark [...]
Public interest considerations, employment and temporary employment services
INTRODUCTION The effect of a merger on employment is one of the four public interest considerations which must be [...]
