HR Workshop - Cape Town - 16 October 2018

  1. The impact of the Constitutional Court Judgment on the usage of TES/Labour broker employees:

In its recent decision in Assign Services v NUMSA& others, the Constitutional Court held that, for the purposes of the LRA, the client of a TES is deemed to be the sole employer of employees placed with it who are not performing a temporary service. This decision has been hotly debated and may have far reaching consequences in the labour market.

  1. Understanding the concept of permitted deductions:

Section 34 of the BCEA governs the circumstances in which employers may make deductions to employees’ remuneration. Companies need clarity on the types of deductions which are permitted and those which are not and the manner in which such deductions must be made.

  1. Private misconduct in the context of social media:

In certain circumstances, employers will have jurisdiction to discipline employees for their activity on social media. This is in spite of thelegal point of departurebeing that employers have no jurisdiction to address misconduct which arises outside the workplace and outside of working hours in an employee’s private capacity. We will work through the factors to be considered in determining whether an employer may address misconduct on social media.

  1. How to terminate contracts of Independent Service Providers (ISP) in order to minimise risks:

For many businesses, there is a lack of clarity regarding the process which should be followed in terminating an agreement with an Independent Service Provider (ISP), so as to minimise companies’ liability. Central to this is the issue of whether or not an ISP is a true service provide or is in fact an employee. These matters will be discussed in depth, in order to provide practical solutions to protect companies’ interests.  

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