A critical analysis of temporary employment services in contemporary South Africa.

Abstract

The study focuses on the critical analysis of temporary employment services in contemporary South Africa and specifically looks at the Labour Relations Amendment Act 6 of 2014 which introduced a controversial provision of section 198A. The analysis discusses the history of the Labour Relations in South Africa as it progresses over the years from 1956 to the latest amendments of the Labour Relations Act in 2014. As part of the history of the TES the analysis touches on the Namibian LRA and case law, a country that dealt with a similar issue of TES abusive labour. Also touches on the ILO standards of employment which affects the world globally. The study analyses the South African case law that deals with the TES abuse of vulnerable labour, in particular, an outstanding recent case of Assign Services v NUMSA which ended up in the Constitutional Court of South Africa. In critical analysis of the deeming provision, joint and several liability clauses, a use of other related employment statutes is discussed. The dissertation focuses on the outcome of the recent Constitutional case and of Assign Service v NUMSA where the Constitutional Court finalised the word to mean a sole employer for the purpose of the LRA only in exclusion of other employment statutes. This is a fascinating debate, which requires legislature to deal with before it yields further disputes. The study also provides some recommendations to be considered to amend the LRA legislation in section 198A in order to provide a clear interpretation.