oa De Rebus - Contractual control of the employment relationship. Perspectives from the new Labour Relations Act (2) - temporary employment
In my previous contribution (see 1997 DR 414) I mentioned some of the forms of contractual arrangements sometimes used by employers in an attempt to control the existence and/or duration of the employment relationship. Two forms in particular were discussed, namely the independent contractor arrangement and the temporary employment service phenomenon. The new Labour Relations Act 66 of 1995 (the LRA) effectively restricts the possibility of relying on either of the two categories mentioned. Through the years the courts have made it clear that the essential nature of the true relationship between the parties is conclusive, and not its formal descriptionption.
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