Channel Chat – CCMA: Landmark Ruling for TES (Temporary Employment Services) Companies: Re Post 3 Month appointment by Clients of TES Employees

The following document refers: Arbitration Award

• The CCMA matter in the Western Cape between Giwusa obo members, Swissport 1^st Respondent and Workforce (TES Company) 2^nd Respondent.
• The 1^st Respondent pressed upon members to become the permanent employees of Swissport, but the CCMA ruled in favour of Workforce and Swissport.

The attached matter is a landmark Ruling that (contrary to current and educated belief, the perception remains (but to a limited extent) that Employees (Temporary and or Contract Employees (Assignees) of TES entities must be, as a rule be permanently employed by the Client post 3 (Three) months) we trust will eliminate or reduce any further confusion regarding the same.

Please refer to the below extract of the attached CCMA Ruling, with special reference the enclosed Sections: