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
Wheels in motion – the public passenger transport market inquiry
INTRODUCTION The Competition Commission ("Commission") has launched yet another market inquiry. In this instance, the focus is on the [...]
The implementation of the BEPS multilateral instrument in South Africa
INTRODUCTION The implementation of the Base Erosion and Profit Shifting (BEPS) Multilateral Instrument in South Africa is progressing. On [...]
Employment Equity Act compliance
There has been a recent increase in the number of employment equity audits conducted by the Department of Labour on [...]
Application for registration of a bargaining council: private security sector
On 13 April 2017 ("Notice Date") the Department of Labour gave notice in the government gazette of receipt of an [...]
Sexual harassment: employers beware
ISSUE(S) In what circumstances an employer may be held liable for sexual harassment committed by one of its employees [...]
Employment of foreigners
Recently former Home Affairs Minister, Malusi Gigaba, announced that the Department of Home Affairs will move to punish employers who [...]
