NEWS ANALYSIS: Labour brokers’ dispute over casuals reaches top court
The protracted dispute between labour brokers and casual workers over the interpretation of section 198a of the Labour Relations Act will reach the Constitutional Court on Thursday. The issue — which has been before the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court and the Labour Appeal Court — centres on the question about who is the rightful employer in the relationship between labour brokers, clients and employees. An amendment to the act that was implemented in January 2015 was expected to regulate the temporary employment services industry following reports of the exploitation of vulnerable workers, but this has since turned into a legal minefield, negating its intended purpose. The case originates from a CCMA challenge between the National Union of Metalworkers of SA (Numsa) and brokerage firm Assign Services that was instituted shortly after the change to the law took effect.
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