Field Force Marketing v Distell Ltd (J1089/2015) [2015] ZALCJHB 256 (17 July 2015) per Ralehoko AJ.
The Labour Court declined to grant an urgent application in favour of the applicant which sought a declaratory order that s 197 of the LRA applied to the termination of the Shelf Stacking Service Agreement between the applicant and Distell. That agreement was substituted by a contract with VMS Group (Pty) Ltd t/a Imperial Retail Solutions to provide a more comprehensive merchandising services. The Labour Court held that the new arrangements provided for a different business using syndicated merchandising in competition with the applicant. The scope of the new services was much wider than the services of just shelf stacking and van assistants. It could not be said that any business had been transferred to the new service provider.