• UPDATE: ASSIGN LABOUR APPEAL COURT JUDGMENT

    On 10 July 2017, the Labour Appeal Court handed down its Judgment in the Assign matter. CAPES has read, with a degree of frustration and disappointment, several reports about the Judgment which seem to fail to appreciate some important aspects of the Judgment. More importantly, these fail to appreciate the fact that all involved in the matter have known, since the challenge was originally made to the CCMA in 2015, that the matter would, in all likelihood, go from the CCMA, to the Labour Court, to the Labour Appeal Court and ultimately to the Constitutional Court. Appeal will be lodged…

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  • ASSIGN LABOUR APPEAL COURT JUDGMENT

    The Labour Appeal Court (LAC) handed down judgment today (10 July 2017) in the Assign labour broking / deeming clause appeal. The LAC has granted the appeal. In summary, the LAC has set aside the Labour Court judgment. With respect to the learned Judges, our legal team has identified numerous grounds of appeal and accordingly instructions have been issued for the judgment to be taken on appeal. Importantly, the Labour Appeal Court found that: • Contractually, it is permissible for the TES to remain involved – for example paying remuneration; and • for so long as the TES remains involved,…

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