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Employers must ponder the implications of the judgment on labour brokers

Image by Daily Maverick Employers must ponder the implications of the judgment on labour brokers There are various interpretations of the Constitutional Court’s judgment in this case, so employers need to get the facts right On 26 July 2018 the Constitutional Court in Assign Services (Pty) Limited v National Union of Metalworkers of [...]

2018-08-27T20:05:53+01:00Aug 25th, 2018|

Resolution of Class Action Equal Pay Disputes

Resolution of Class Action Equal Pay Disputes Introduction The insertion of the equal pay provisions into the Employment Equity Act in 2014 and the subsequent amendment of the Labour Relations Act in 2015 in respect of equal pay for labour broker employees, part-time employees and fixed-term employees have resulted in a litany of disputes [...]

2018-07-30T08:59:54+01:00Jul 26th, 2018|

Work permits, foreign employees and legal incapacity

Work permits, foreign employees and legal incapacity The law is clear that an employer may not employ a foreigner without a valid work visa. Section 38 of the Immigration Act 13 of 2002, as amended (“the Immigration Act”) precludes the employment of foreigners who do not have a valid work permit, whilst section 49(3) [...]

2018-07-26T12:12:40+01:00Jul 26th, 2018|