Mphirime v Value Logistics Ltd / BDM Staffing (Pty) Ltd NBCRFLI FSRFBC34922 [24 June 2015] per Suria van Wyk
Decided that in terms of s 198A(3)b)(i) of the LRA the deeming provision was triggered and Value Logistics Ltd was deemed to be the employer of the applicant for the purposes of the LRA. Value Logistics Ltd will bear the onus of proving at the forthcoming arbitration that the dismissal of the applicant was for a valid and fair reason in terms of s 188 of the LRA.
Click on the link to view the award: Test case- Suria van Wyk.
A similar award in the CCMA 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