Death of the TES?
The focus of the case was whether the deeming provision in s198A(3)(b) of the LRA resulted in a “sole employment” relationship between a placed worker and a client of a TES or a “dual employment” relationship between the placed worker, client and a TES.
The Constitutional Court, held that section 198A must be contextualised within the right to fair labour practices in s23 of the Constitution and the purposes of the LRA as a whole. It found that for the first three months the TES is the employer and then thereafter the client becomes the sole employer.
The impact of this decision is far reaching.
CDH will publish a detailed alert regarding the judgment this afternoon.
The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2025 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.
Subscribe
We support our clients’ strategic and operational needs by offering innovative, integrated and high quality thought leadership. To stay up to date on the latest legal developments that may potentially impact your business, subscribe to our alerts, seminar and webinar invitations.
Subscribe
