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
The legalities of volunteering – understanding your options and obligations
“It’s in your hands to make the world a better place.” – Nelson Mandela 10 Legalities around volunteering Mandela Day [...]
Incitement to strike
Inciting employees to commit misconduct When does the conduct of an employee amount to ‘incitement’ justifying disciplinary action? In order [...]
How binding is a CCMA settlement agreement?
Written settlement agreement at the CCMA If an employee enters into a written settlement agreement at the Commission for Conciliation, [...]
Protection of Personal Information Bill: What should you be asking?
In this Legal Brief we look at some of the questions that you should be asking yourself in light of [...]
The delinquent director: No tolerance for errant directors
Errant company directors who fail to comply with the obligations set out in the Companies Act, 2008, will now face [...]
Legal representation at the CCMA – a constitutional right?
Rule 25(1)(c) of the CCMA At present, the approach adopted by the Commission for Conciliation, Mediation and Arbitration (CCMA) in [...]
