Do not take the deeming provision lightly - Global Business Solutions

The matter of AMITU obo MEMBERS / National Brands Snackworks and Adcorp BLU (KNDB16915-17) dealt with the interpretation of the deeming provision. The Commissioner emphasised that this is not a transfer to a new employment relationship but rather a change in the statutory attribution of the responsibility of the employer within the same triangular employment relationship. He found that nothing in the Constitutional Court outcome prevents the commercial relationship and for the TES to play the same role that it played prior to deeming except for the obligations expressly referred to in the LRA. He also indicated that there can be no order for the TESs services to be terminated by the company nor can the TES be forced to insource and services and functions performed by the TES and likened it to a practice of outsourced labour consultants and accountants. The TES triangular relationship and the commercial agreement continues post deeming and if deeming is applicable it is for rights and obligations only under the LRA.

How To Make Sure Your HR Policies Are Ready for 2020

It is good practice for employers to review and audit their human resources and labour relations policies and practices annually.

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