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Thread: Hot from court - 3 months fixed term and you ARE permanant

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    Platinum Member sterne.law@gmail.com's Avatar
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    Hot from court - 3 months fixed term and you ARE permanant

    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.

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    Site Caretaker Dave A's Avatar
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    I've now read the judgement and just as I suspected, the headline is misleading.

    This appeal judgement sets aside the judgement of Acting Judge Martin Brassey who ruled that temporary employment services (labour brokers) and client companies are dual employers, and restores the original ruling of the CCMA's Commissioner in the case. That original ruling is that except where the temporary employment service is to cover for the absence of an employee, the "client" becomes the sole employer of the temporary service employee after 3 months.

    The conditions under which fixed term (temporary) employment is legislated to become indefinite period employment remains unaffected by this appeal judgement.
    The trouble with opportunity is it normally comes dressed up as work.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services

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    Silver Member Greig Whitton's Avatar
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    I think that this judgment has seismic implications for the employment services sector and the companies that rely on them. From what I've been told, this judgment is going to the Constitutional Court, so it's far from over.

    Founder of Evergrow - Helping South African business owners grow their business without the growing pains

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Greig Whitton View Post
    I think that this judgment has seismic implications for the employment services sector and the companies that rely on them.
    Absolutely. It significantly limits the manner in which one can use labour brokers for placements in posts that are in place for longer than 3 months.

    The scenario I've been party to being closely examined is in the area of construction, particularly large projects. What has been identified is that it is still possible to employ people on fixed term contracts connected to the life of their required involvement in the project. What this case affects (as it trudges its way through the legal process) is the role labour brokers can play in that scenario.
    The trouble with opportunity is it normally comes dressed up as work.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services

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    Platinum Member sterne.law@gmail.com's Avatar
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    The matter is on its way to ConCourt

    The import is this.
    It does not mean you cannot have a contract that is longer than 3 months. If that were the case the correct wording would be "is or becomes"
    If you remember the original move was to totally ban brokering.
    This was then resolve by saying OK but lets legislate .

    What the amendment wants to achieve is to avoid exploitation. This is where the company uses a broker to avoid paying a minimum wage, medical aid pension etc.
    The new judgment effectively clarifies the equal pay equal work principle and that it applies to all people performing work.
    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.

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