The CCMA has ruled that in terms of amendments that after a 3month fixed term contract a person is deemed to be a permanant employee of the company even where employed through a labour broker.
The labour broker is therefore off the hook, so to speak
The CCMA has ruled that in terms of amendments that after a 3month fixed term contract a person is deemed to be a permanant employee of the company even where employed through a labour broker.
The labour broker is therefore off the hook, so to speak
Anthony Sterne
www.acumenholdings.co.za
DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
Perhaps not if the employer can still sue the TES for some reason. In the matter I read, one of the points was that the commercial aspects of the contract still remained valid.Originally Posted by sterne.law@gmail.com
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Most labour brokers have an indemnity clause.
I think such a clause could be ruled against public policy and therefore invalid.
The TES wouldntehn escape the liability, BUT that would probably close their business
Anthony Sterne
www.acumenholdings.co.za
DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
Citizen X (04-Jul-15)
I couldn't agree more, my learned colleague. I'll give you the honours of explaining 'public policy.'
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