In $2023,$ Silver Star $($Pty$)$ entered into a commercial contract with Workforce Solutions $($Pty$),$ a Temporary Employment Service $("$TES$")$ for the purposes of supplementing their existing workforce. It is common cause that the employees were employed by Workforce Solutions $($Pty$)$ as envisaged in section $198(1)$ of the LRA. Silver Star $($Pty$)$ is the client of the TES and all of the employees have been placed at the client's premises and perform work for the client. It is not in dispute that the employees have been employed for a period in excess of three months or that they earn below the earnings threshold.

All of the employees are still currently working at Silver Star $($Pty$).$ The employees have referred a dispute to the CCMA pertaining to section $198$A $(5)$ of the LRA and$/$or an unfair discrimination dispute. The employees claimed that they are treated less favourably than the client's permanent employees performing the same work.

The dispute before you thus pertain to the deeming provision per section $198$A$(3)($b$)$ of the LRA. It is the employee$$s contention that Silver Star $($Pty$)$ is their sole employer and their employment relationship with Workforce Solutions $($Pty$)$ is to be terminated. Silver Star $($Pty$)$ rejects this and argues that Workforce Solutions $($Pty$)$ is the sole employer of the workers and that they don$$t have an employment relationship with the workers.

As a legal advisor, you have been tasked with providing a brief to the employees of Labour Solutions $($Pty$)$ Ltd$.$ In your brief, you should analyse the workers' prospects of success in light of the CCMA Award $,$ the judgments in Assign Services $($Pty$)$ Ltd v CCMA and others $[2015]($LC$),$ NUMSA v Assign Services $($Pty$)$ Ltd and others $[2015]$ LAC, and Assign Services $($Pty$)$ Limited v National Union of Metalworkers of South Africa and Others $($CCT$194/17)[2018]$ ZACC $22.$ You should also compare the different approaches taken by the courts and consider the arguments in the court decisions.