The Labour Appeal Court has delivered a judgment on the deeming provision in section 198A(3)(b) of the Labour Relations Act which applies to employees engaged through temporary employment services (commonly referred to as labour brokers). The Chep labour broker judgment sets out the factors to determine whether a service provider is a temporary employment service or not. It found that this includes the extent of control by the client, the manner in which the workers work, the provision of tools of the trade, and work equipment, the level of integration into the client’s organisation, the authority to which they are subjected.
A copy of the Chep labour broker judgment is available here:
CHEP Labour Appeal Court Judgment
