By Professor Hugo Pienaar, Director and Sean Jamieson, Associate from the Employment practice at Cliffe Dekker Hofmeyr
This article was written prior to the recent Labour Appeal Court judgement in the NUMSA & Others v Assign Services, which held, inter alia, that the client becomes the sole employer if the TES employees have been employed for longer 3 months (and not the dual employer with the TES). We understand this judgement will be appealed to the Constitutional Court.
The 2015 amendments to the Labour Relations Act, 66 of 1995 (LRA) have attracted significant attention and debate, particularly the additional protections afforded to Temporary Employment Services (TES) employees who are placed at the client of the TES for a period longer than 3 months.
Prior to the 2015 amendments, the joint and several liability of a TES and its client towards TES employees was limited to certain instances contemplated in s198(4) of the LRA. However, the 2015 amendments extended this liability significantly.
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