• CAPES’ Bev Jack speaks at #WEC2021online

    CAPES Exco member Bev Jack is a proud participant in the World Employment Confederation 2021 Conference. In a recent report, according to PriceWaterhouse Coopers, it is going to take the global community at least two hundred and sixty seven years (267) to close the gender gap in economic participation and opportunity, as a result of the Covid-19 pandemic. To realise the vision of the 2030 Sustainable Development Goals, we need to transform the societies in which we live, to open up paths to inclusive economic growth and development. Globally, transformation is etched in all sectors in the economy.  In many…

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  • Employment Services Act Regulations Gazetted for Public Comment

    Compliments of the new year. We wish you a successful 2019. As has been the case previously, the Department of Labour published four Government Gazettes (linked to the Employment Services Act) over the festive period with varying commentary periods, as outlined below:   Registration of PrEAs & TES                                                      60 days           (i.e. 28 February 2019) Employment of Foreign Nationals                                         30 days           (i.e. 28 January 2019) Registration of Public Employment Agencies                  60 days           (i.e. 28 February 2019) Registration of Work seekers                     …

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  • Craig Kirchmann discusses the Con Court judgement and what it means for TES

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  • Equal Treatment Seminars: Managing Equal Pay for TES, Fixed Term & Part-time Employees

    The Con Court judgement reinforced the need for organisations, especially those utilising TES, to re-assess their remuneration practices to ensure that no unfair differentiation exists between their permanent and non-standard staff members.  And, before simply assuming, often under pressure from Unions, that you’ve got to go to the highest common denominator, you should attend this session to learn more about the compliance requirements you need to meet and the options that exist to re-align pay with productivity and market conditions to ensure business sustainability. In this 3-hour seminar, John Botha, TES specialist workforce solutions and labour relations expert, will share…

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  • CAPES Client Breakfasts a great success!

    The CAPES Client Breakfasts unpacking the Con Court decision on TES, held in August 2018 were a great success with close to 1400 attendees across the sessions held in Joburg, Cape Town, Durban, Port Elizabeth and East London. CAPES COO, Jonathan Goldberg shared his knowledge and experience, unpacking the Con Court judgement and its impact on the utilisation of TES. Providing a clearer understanding of the legal interpretation and the practical impact for the management of those TES workers affected, Johnny answered the burning questions of whether there is still value in using TES providers.  In a nutshell, as CAPES…

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  • CNBC Africa Power Lunch: Interview with John Botha re TES post Con Court

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  • TES beyond the Con Court: It’s not that complicated

    On 26 July 2018, the Constitutional Court handed down its judgment in the matter of Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others.  Judging by the press coverage, there is confusion about what this judgment means for the Temporary Employment Services (TES) industry (also referred to as the labour broking industry). The case, several years in the making, only revolved around the interpretation of LRA s198A(3)(b) and the very narrow question of whether or not it gives rise to a “dual” or “sole” employment relationship after the 3-month deeming period for the purposes of…

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  • Johnny Goldberg explains what the Con Court Judgement means for continued use of TES

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  • SEIFSA MEMBER COMPANIES: Nothing Changes post Con Court Judgement

    MEDIA RELEASE: 2 AUGUST 2018 The Constitutional Court Ruling on Labour Brokers may mistakenly have created the perception that all clients of labour brokers become the sole employer of employees who earns below R205 433.30 per annum after three months. Whilst we take no issue with this point, nevertheless it is important for companies that are members of one of the  21 Employer Associations affiliated to SEIFSA to understand that, as members of Employer Associations affiliated to SEIFSA which are party to the 2017-2020 Metal and Engineering Industry Collective Main Agreement concluded last year and adopted as a collective agreement concluded…

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  • CLIENT FAQ: You CAN still use your TES provider!

    The Constitutional Court handed down its judgment in the matter, CCT 194/17: Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others. The sole employment judgement does not mean that TES employees become permanent, nor does it negate the important role that Temporary Employment Services (TES) will continue to play in workforce management and enabling skills development and employment in the economy. At Paragraph 75 of the judgment, importantly confirms that the Temporary Employment Service (TES) remains and that there is no transfer of the employment relationship but rather a continuation of the triangular relationship between…

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