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ConCourt: Workers placed by labour brokers become employees after 3 months

The court held that the law must be interpreted within the context of the right to fair labour practices.

FILE: The Constitutional Court. Picture: Christa Eybers/EWN

PRETORIA - Numsa has has won its court battle against labour brokers in the Constitutional Court, which has been hailed as the death knell for labour brokers.

The case concerned the interpretation of a section of the Labour Relations Act and the determination of when a worker was in a sole employment or dual employment relationship with the labour broker.

The Constitutional Court has ruled that the correct interpretation of the Labour Relations Act means that a worker placed by a labour broker at a company, becomes that company’s employee after three months - a sole employment relationship.

Labour brokers had argued that the employee would hold a dual employment relationship, with the brokerage and the company where the worker had been placed.

The court held that the law must be interpreted within the context of the right to fair labour practices.

Trade union federation Saftu’s Zwelinzima Vavi hailed the ruling as the biggest victory for workers in recent times, saying that it is over for labour brokers.

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