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
What lies ahead with respect to the employment of national Director-Generals amidst the new ministerial appointments?
As we tread new territory with a diverse cabinet, firmly moving into a new dispensation in our public administration, it [...]
Draft Prudential Standard and Proposed Guidance Note on Liquidity Risk Management for Insurers
By Slade van Rooyen, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 28 May 2024, the [...]
PAIA Report Deadline – 30 June 2024
Attention all private and public entities; the deadline for submission of your report detailing all the requests for access to [...]
Workplace Discipline: Testing Positive for Cannabis
and S'nenhlanhla Lushaba - Candidate Attorney In the case of Enever v Barloworld Equipment South Africa, A Division of Barloworld [...]
Regulations Regarding the Control of the Import or Export of Waste
and Slade van Rooyen, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 2 October 2023, the [...]
Bulk interception and surveillance and the might of the State
"It’s important to recognize that you can’t have 100 percent security and also then have 100 percent privacy and zero [...]
