
Publication
International Restructuring Newswire
Welcome to the Q2 2025 edition of the Norton Rose Fulbright International Restructuring Newswire.
Global | Publication | July 2018
The Constitutional Court ruled on July 26, 2018 that the client becomes the sole employer of labour broker employees earning below the earnings threshold that provide services to the client in excess of three months. In doing so the Court upheld the much criticised judgment of the Labour Appeal Court in NUMSA v Assign Services and Others and finally put to bed the interpretational dispute arising from the 2015 amendments to the Labour Relations Act, 1995 (LRA).
Section 198A(3)(b) of the LRA provides that where the employee of a labour broker is no longer providing temporary services (which is generally defined as a placement at a client in excess of three months), the employee is deemed to be the employee of the labour broker’s client. There were two main schools of thought on the interpretation of this clause: either the labour broker remains the employer and the client is also considered to be the employer for the purposes of the LRA, or the labour broker is no longer the employer and the client is the sole employer. This has become known as the dual employer and sole employer interpretations.
The Constitutional Court has now held once and for all in favour of the sole employer interpretation. The Court made the following findings:
Given that this judgment relates to the interpretation of legislation that came into effect during 2015, this interpretation can be applied retrospectively to disputes that arose since 2015 and prior to this judgment. It remains to be seen how labour brokers and their clients respond to the adoption of this interpretation.
Publication
Welcome to the Q2 2025 edition of the Norton Rose Fulbright International Restructuring Newswire.
Publication
As the hospital industry eyes continued cuts to Medicare and Medicaid reimbursement, the US Supreme Court, this week, dealt another blow in its ruling in Advocate Christ Medical Center et al. v. Kennedy, Secretary of Health and Human Services, April 29, 2025.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright US LLP 2025