Labour brokers face action for defying ruling
Labour brokers have ignored a court judgment that removed them as dual employers of casual workers
Lawyers for Human Rights and the South African Federation of Trade Unions have challenged the decision by labour brokers to ignore a court judgment that removed them as dual employers of casual workers.
The Labour Appeals Court ruled in July that clients of labour brokers were sole employers responsible for the permanent hiring of qualifying temporary staff after three months.
This followed long battle between unions and labour brokers launched at the Commission for Conciliation, Arbitration and Mediation shortly after the Labour Relations Act amendment was implemented in 2016.
The matter dealt with whether the provision meant that after the three-month period, the client would be the exclusive employer or labour brokers were dual employers.
The Confederation of Associations in the Private Employment Sector (Capes), which represents labour brokers, said that because it was contesting the judgment in the Constitutional Court its members were not bound by the recent ruling.
However, Lawyers for Human Rights has threatened legal action if Capes does not retract its statement encouraging labour brokers to continue with the "status quo".
Capes legal representative Craig Kirchmann said that as no parties had applied for the judgment not to be suspended the "execution is suspended".