Assign Services (Pty) Ltd v Krost Shelving & Racking (Pty) Ltd (Numsa) CCMA ECEL 1652-15 [26 June 2015] per Commissioner AC Osman.
The word ‘deemed’ in section 198A(3)(b) of the LRA, as amended, means that the client becomes the sole employer of the employees who were placed with the client for the purposes of the LRA, provided only that
- they earn below the threshold referred to in section 6(3) of the BCEA; and
- 3 months has elapsed since their placement.
In other words they are deemed to have been appointed on an indefinite basis. In addition in terms of section 189A(5) of the LRA ‘parity’ must be maintained between the placed employees and the other employees working on an indefinite basis.
View the award by clicking on 20150626 Assign CCMA award.
The award was reviewed and set aside on 8 September 2015 by Brassey AJ in the Labour Court.
See Labour broker: Deeming provision of LRA s198A-D