The Constitutional Court has the headache to decide whether employees in the labour-broking relationship are employed solely by the client or whether the relationship is a dual function of both the labour broker and the client (Labour brokers say their role protects employees, February 23). I came across a case in which a labour broker placed more than 100 employees at a client, who unfortunately declared bankruptcy. The liquidation created the anomalous situation in which the employees are deemed to be employees of the liquidated client as opposed to the safe and secure labour broker. The situation would have been easier to manage if the employees had a choice of a dual employment relationship. The government’s unedifying rush to outlaw labour broking has created enormous hardship and has led to a lot more unemployment. Our Constitution protects the right to employment and it appears that our current governing party has been to a large degree bent to the will of the trade union mov...
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