On the 26th of July 2018, we (finally) saw the end of the debate on the deeming provision in terms of s198A(3)(b) of the Labour Relations Act 66 of 1995 (“of LRA”).
S198A(3)(b) of the LRA provides:-
“(3) For the purposes of this Act, an employee –
(b) not performing such temporary service for the client is –
(i) deemed to be the employee of that client and the client is deemed to be the employer; and
(ii) subject to the provisions of section 198B, employed on an indefinite basis by the client.”