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WHAT IS A LABOUR BROKER
David Victor & 200 Others v CHEP Equipment SA & Another
May 2015 to present
CCMA - Labour Court - Labour Appeal Court
We represent 201 workers who are engaged through a company called Contracta-Force Corporate Solutions (C-Force) to work at the multinational pallet distributor, CHEP. The workers claim that C-Force is actually a labour broker which has placed them at CHEP Equipment SA. If the workers are correct, this will make them the deemed employees of CHEP Equipment SA (CHEP SA) in terms of the 2015 amendments to the Labour Relations Act, with all the equalising benefits that brings.
In legal terms, this is the first time that the definition of the temporary employment service in section 198(1) of the LRA is being considered by the Labour Appeal Court.
In simple terms, this is the first time that this court will be deciding what a labour broker actually is.
The case started in 2015.
19 May 2015 – 201 pallet repair workers referred a dispute to the CCMA for conciliation.
17 June 2015 – CCMA issued a certificate of outcome which said the dispute remains unresolved and could be referred to arbitration.
29 July 2015 – The workers referred this dispute to the CCMA for arbitration.
September to November 2015 - The arbitration was held on intermittent days before Commissioner Shardlow. Workers were represented by attorney David Cartwright.
14 December 2015 – Commissioner Shardlow issued a ruling in favour of the workers, finding that C-Force is a labour broker.
26 January 2016 – CHEP SA filed an application in the Labour Court to review and set aside Commissioner Shardlow's ruling.
26 January 2017 – Workers filed their opposing papers.
2 February 2017 – CHEP SA filed its replying affidavit.
13 July 2018 – The case was argued before Acting Judge van der Merwe in the Labour Court.
17 January 2019 – Acting Judge van der Merwe handed down judgment against the workers, saying that Commissioner Shardlow was wrong: C-Force is not a labour broker.
7 February 2019 – Workers applied for leave to appeal against Acting Judge van der Merwe's judgment.
29 May 2019 – Acting Judge van der Merwe granted the workers leave to appeal.
19 June 2019 – The workers filed their notice of appeal with the Labour Appeal Court under case number JA 55/2019.
3 September 2020 - Judges Davis, Kathree-Setiloane and Murphy hear arguments.
16 September 2020 - Workers win!