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IOL News reports that labour unions are celebrating a Constitutional Court (ConCourt) judgment on Thursday that ruled in their favour regarding the status of labour brokers in employment contracts.
The case involved the interpretation of section 198A(3)(b) of the Labour Relations Act (LRA) and whether the section stipulated a “dual employment relationship” between an employee, the company and the labour broker or a “sole employment relationship” between the worker and the company once a period of three months had elapsed. The ConCourt ruled that for the first three months of a placement, the labour broker was the employer. After that period, the company where the employee had been placed by the labour broker became the “sole employer”. This means companies will be obliged to provide former temporary employees with permanent contracts if the initial three-month period is extended. The court said the legislation should be interpreted in the context of fair labour practices as laid down in the Constitution and the ultimate purpose of the LRA. The case was brought to the ConCourt on appeal by Assign Services and respondents included the National Union of Metalworkers SA (Numsa).
- This short report by Zintle Mahlati is at IOL News
- Read too, ConCourt ruling deals a blow to labour brokers, at Timeslive
- And also, Numsa wins ConCourt battle against labour brokers, at The Citizen
Get other news reports at the SA Labour News home page