Category: Business transfers

Automatic termination clause: Severance pay and fixed term

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Service level agreement: Going concern reversion

Water & Sanitation Services SA (Pty) Ltd v King Cetshwayo District Municipality Labour court declared that s 197 of the LRA applied when the service level agreement (SLA) ended and was not simply a termination of a contract...

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Business transfer examined: LRA s197 applied

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Service provision change: Going concern business transfer?

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Administration Agreement cancelled: Going concern transfer?

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Invalid restraint examined: Signing new contract

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Automatic business transfer: Effect of court order

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Automatically unfair dismissal: Related to business transfer

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Going concern business: Service must be transferred

Rural Maintenance (Pty) Ltd v Maluti-A-Phofong Local Municipality (CCT214/15) [2016] ZACC 37 (1 November 2016) per Froneman J (Moseneke DCJ, Cameron J, Khampepe J, Mhlantla J and Nkabinde J concurring) By a majority vote the...

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Second generation outsourcing: Binding separation agreement

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Severance pay awarded: Despite refusal of alternative

Almazest (Pty) Ltd v Alexander NO (P03/2013) [2015] ZALCPE 33 (14 May 2015) per Lagrange J. The Labour Court refused to review and set aside an award of severance pay.  A business had been transferred as a going concern and...

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Business transfer: Application of s 197 of LRA

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