#Brokers win precedent-setting #case

#Brokers win precedent-setting #case from Thomson Wilks Inc Attorneys (Rondebosch)

By: Thomson Wilks Inc Attorneys (Rondebosch)  07-07-2015
Keywords: Law Firm, Labour Law, Legal Advice

#Brokers win precedent-setting #case #Labour brokers have secured a major win exempting them from labour law amendments which force employers to hire temporary staff permanently after three months, notes a report in The Mercury. The #CCMA has ruled that only their clients are obliged to do so. The ruling followed months of arguments over the correct interpretation of the amendments to section 198 of the Labour Relations Act, which forces employers to hire workers permanently if on the job for more than three months. But companies which contracted their labour through temporary employment services argued that the law was binding to them and labour brokerage firms equally. The CCMA found that the legal interpretation advanced by employers was flawed and there could be no dual employers. The report notes the case set a precedent for how the law, meant to protect temporary workers, was applied in future. It also gave trade unions a clear guideline on who to take up unfair dismissals with, as some employers continued to lay off workers instead of converting them to permanent positions.

Keywords: attorney, Corporate Law, Labour Law, Law Firm, Legal Advice, Litigation Attorney

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