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
Truworths vs Ackermans: the importance of carefully selecting a trade mark
Ackermans has recently been successful in a precedent setting trade mark dispute against Truworths which was heard by the Supreme [...]
Environmental legal compliance evaluations, an indispensable risk management tool
The awareness of environmental harms being inflicted by industry is continually growing due, firstly, to the ever increasing visual presence [...]
The requirements for the transfer of a business as a going concern
ISSUE What is the proper test for determining whether a transfer of a business as a going concern has [...]
Ambit of inspector powers under Section 54 of the Mine Health and Safety Act 29 of 1996 clarified
At its core the Mine Health and Safety Act No 29 of 1996 ("MHSA") aims to promote a culture of [...]
Prescription of claims: on-demand loans
A loan which is repayable on demand becomes due the moment it is advanced to the debtor. Accordingly, such a [...]
South Africa’s Business Rescue regime – firing on all cylinders?
The downturn in world economies has placed business under severe pressure in the last few years. In South Africa, the [...]
