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Two is a party three is a crowd : an appraisal of temporary employment services in South Africa
Mini Dissertation (LLM)--University of Pretoria, 2018.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613632936804352 |
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| access_status_str | Open Access |
| author2 | Van Eck, B.P.S. |
| author_browse | Van Eck, B.P.S. |
| author_facet | Van Eck, B.P.S. |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/70027 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:14.512Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/70027 Two is a party three is a crowd : an appraisal of temporary employment services in South Africa Van Eck, B.P.S. E.VAN.AS@WEBMAIL.CO.ZA van As, Evert UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. The Labour Relations Amendment Act 39 of 2014 introduced mechanisms aimed at providing improved protection for non-standard forms of employment. Section 198 and 198A of the amended Labour Relations Act 66 of 1995 (LRA) now provides a regulatory framework for Temporary Employment Services (TESs), with increased protective mechanisms for employees that fall below the threshold prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA). In this dissertation, I explore how the deeming provisions of section 198A affect the rights and obligations of the TES, its client and the employee in the triangular relationship. The manner in which the courts have interpreted the deeming provisions introduced by section 198A(3)(b) of the LRA, and the implications of the recent constitutional court judgment in the matter of Assign Services (Pty) Ltd v National Union of Metalworkers of South Africa & Others (Casual Workers Advice Office Amicus Curiae),1 will also be examined in order to determine the extent to which the Constitutional Courts judgment has resolved the interpretational conflict surrounding section 198A. Consideration is further given to the various international instruments adopted by the International Labour Organisation (ILO) on TESs. A comparative analysis of regulatory developments applicable to TESs in the European Union (EU), United Kingdom (UK) and Namibia is also provided in order to determine what guidance for South Africa can be gleaned from these jurisdictions. Centre for Human Rights LLM Unrestricted 2019-06-02T11:39:50Z 2019-06-02T11:39:50Z 2019/04/04 2018 Mini Dissertation van As, E 2018, Two is a party three is a crowd : an appraisal of temporary employment services in South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/70027> A2019 http://hdl.handle.net/2263/70027 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Two is a party three is a crowd : an appraisal of temporary employment services in South Africa |
| title | Two is a party three is a crowd : an appraisal of temporary employment services in South Africa |
| title_full | Two is a party three is a crowd : an appraisal of temporary employment services in South Africa |
| title_fullStr | Two is a party three is a crowd : an appraisal of temporary employment services in South Africa |
| title_full_unstemmed | Two is a party three is a crowd : an appraisal of temporary employment services in South Africa |
| title_short | Two is a party three is a crowd : an appraisal of temporary employment services in South Africa |
| title_sort | two is a party three is a crowd an appraisal of temporary employment services in south africa |
| topic | UCTD |
| url | http://hdl.handle.net/2263/70027 |