Altech Autopage Cellular (Pty) Ltd v Nashua Mobile (Pty) Ltd (019166) [2014] ZACT 70 ; [2015] JOL 33834 (4 November 2014) per A Wessels TM [Y Carrim PM and M Mokuena TM concurring]

The Competition Tribunal held that the proposed transaction did not raise any public interest concerns relating to employment.  It was not the sale of a business as a going concern and Nashua Mobile employees were not transferred many of Nashua’s employees faced loss of employment.   Nashua Mobile had elected to exit the market and substantial commitments were made by Nashua concerning the adverse effects on employment and minimising them.  Nashua undertook to redeploy between 100 and 150 employees within the Reunert Group.  The severance packages were  between 3 and 5 times better than those provided for in the BCEA.  Many employees elected to accept the severance packages.  Support structures provided affected employees with inter alia psychological and financial counselling; assistance in updating their curricula vitae; having their curricula vitae circulated within the Reunert Group and afforded preference if vacancies arose; and letters of reference.  Nashua also undertook to redeploy each affected unskilled employee within the Reunert Group.  Altech Autopage also undertook to mitigate the employment concerns.