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 legal and ethical processing of healthcare information
The overall objective of the Protection of Personal Information Act No. 4 of 2013 ("POPI Act") is to promote [...]
Is the refusal of a provisional sequestration order appealable?
On 14 April 2023, the Supreme Court of Appeal ("SCA") delivered judgment in the matter of Liberty Group Limited [...]
SARS: Misrepresenting Misrepresentation
As every taxpayer knows, SARS has extremely wide powers under the various fiscal Acts to enforce and collect tax. [...]
Changes to the tax treatment of trust income awarded to foreign beneficiaries on the horizon
Currently, income that arises in a South African trust which is awarded to a foreign beneficiary during the same [...]
Generative AI: It’s magic but fraught with legal risks
and Hlonelwa Lutuli, Candidate Attorney The use and beneficial application of generative AI in the workplace is increasing at an [...]
The correct approach to Section 138(5)(a) of the LRA: rescission or re-enrolment?
On 27 May 2023, as a direct response to Labour Appeal Court's judgement of Mohube v Commission for Conciliation, Mediation and [...]
