Friday, August 03, 2018

ANC Statement: Constitutional Court Ruling on Iterpretation of An Employee
26 July 2018

The African National Congress welcomes the Constitutional Court's ruling on the correct interpretation of the 2014 amendments of the Labour Relations Act on the determination of the worker.

The ANC government amended the Labour Relations Act to ensure that workers placed in temporary employment services are treated equally to other employees performing the same or similar work and that the temporary employment service and its client are jointly and severally liable for specified contraventions of employment laws. This has been achieved.

The Constitutional Court ruling reaffirms the correctness of the ANC's determination that a worker placed by a Labour Broker at a company becomes that company's employee after three months. This is what we had always sought to clarify and achieve when we made the amendments to the LRA.

This ruling clarifies once and for all what is denoted by an employee and an employer. It deals away with the practice that we have always maintained was unfair and exploitative while it guarantees protection and equal treatment of all workers.

The ANC appreciates that we will now all move forward to create decent work and to ensure that employment delivers fair income and social protection for all workers and their families.


Pule Mabe
National Spokesperson
071 623 4975

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