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 Chief Restructuring Officer in South Africa in 2026: A real option for the turnaround of distressed entities
by Eric Levenstein, Head of Insolvency and Business Rescue As South African companies continue to suffer from an ailing economy, [...]
Business rescue recapitalisations upheld: the legal and commercial significance of White Rivers Exploration v Polsun
by Jonathan Stockwell, Director, Amy Mackechnie, Senior Associate and Clio Patricios, Candidate Attorney The Gauteng High Court, Johannesburg, has delivered [...]
Leave to Appeal Refused, but Questions Remain: The Matric Results Privacy Dispute and the Meaning of Personal Information under POPIA
by: Armand Swart, Director and Isabella Keeves, Candidate Attorney On 3 June 2026, the Gauteng High Court refused the Information [...]
Mind the Conduct: A Guide to COFI – Part 3: Consumer Protection and Transparency
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of [...]
Cryptocurrency is money and capital for exchange-control purposes
by Azraa Sidat, Candidate Attorney, reviewed by Janice Geel, Associate and Natalie Scott, Director and Head of Sustainability 1. Introduction [...]
Merger condition compliance: Proposed Rule 39 amendment brings improvements to process but shifts the burden of proof to merged entities
by: Paul Cleland, Director and Kwanele Diniso, Associate Key implications of the proposed amendment to the procedure that will be [...]
