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
Criminalisation of cartels: a potential cure with side effects
Competition authorities particularly in the United Kingdom, the United States and Australia have enacted and entrenched criminal penalties for cartel behaviour. [...]
How to compensate the victims of collusion
In the sphere of competition law, anti-competitive practices can have a detrimental effect on an economy and the performances of [...]
The potential for competition law enforcement to revive and promote faster economic growth in South Africa
On 2 February 2016, the World Bank released its annual economic update report, titled “South Africa Economic Update, Promoting Faster [...]
2016/2017 budget proposals – Tax overview
INTRODUCTION The trend that began three years ago of a reduced number of substantive amendments announced in the [...]
Inside information interpreted by the courts
Matters relating to insider trading do not often come before the South African courts as the Enforcement Committee of the [...]
The termination of service level agreements: the application of Section 197 of the LRA
Enviroserv Waste Management v Interwaste (Pty) t/a Interwaste Environmental Solutions and Others (P408/15) [2015] ZALCPE 66 Issue Whether the expiry [...]
