CONSTITUTIONAL COURT HEARING
Labour brokers say their role protects employees
The workers’ right to choice and protections guaranteed by the Labour Relations Act would be jeopardised, Constitutional Court hears
Labour brokers have argued that removing them from the employment equation when temporary workers are transferred on to permanent contracts would trample on the rights and protections of vulnerable employees. The Constitutional Court heard on Thursday that if it decided against the appeal application by labour brokerage firm Assign Services to be declared dual employers when temporary employees were absorbed into clients’ companies, the workers’ right to choice and protections guaranteed by the Labour Relations Act would be jeopardised. The case, which was originally heard at the Commission for Conciliation, Mediation and Arbitration and later referred to the Labour Court in 2015, is interrogating the interpretation of section 198a of the Labour Relations Act. The section came about as a result of an amendment to the act. According to the amendment, labour brokers can only place qualifying workers in temporary contracts for three months, following which clients must absorb the worke...
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