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
Enforceability of medical testing as a clause in an employment contract
Pharmaco Distribution (Pty) Ltd v Weideman (JA104/2015) [2017] ZALCJHB 258 (4 July 2017) ISSUE Whether an employer can [...]
Common shareholding and cross-directorship – a competitive conundrum when investing
"VICTORY IS BY NATURE INSOLENT AND HAUGHTY" Cicero The South African economic landscape undoubtedly reflects concentrated ownership structures. An [...]
To credit is to pay
Although common in practice, and especially between group companies, not much judicial thought has previously been given to the tax [...]
Domestic violence: a sad South African reality
The plight of violence against women in our country has been given much media attention in recent times, especially during [...]
Top ten reasons to register your trade marks
The significance of registering trade marks should never be underestimated by any business with countless reasons as to why you [...]
Broad-Based Black Economic Empowerment Commission announces investigations of trusts used in B-BBEE ownership structures
INTRODUCTION On 7 August 2017, the B-BBEE Commission announced that it had initiated 17 investigations for possible contraventions of [...]
