Tag: LRA 197(2)

Going concern transfer: Prior award unaffected

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Arrear wages payable: From date of business transfer

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Correcting party citations: When going concern transferred

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Automatic business transfer: Effect of court order

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

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...

Read More

Business re-transfer: Not as a going concern

The Labour Appeal Court allowed the appeal and reversed the order granted by the Labour Court, which meant that a transfer of a business as a going concern had not been proved and s 197(2) of the LRA did not apply....

Read More

Business transfer: Application struck off roll

Daimler Fleet Management SA (Pty) Ltd v Bidvest Bank Ltd (J1189/2015) [2015] ZALCJHB 201 (6 July 2015) per Gush J. The Labour Court struck the application from the roll for lack of urgency after finding that any urgency was...

Read More

Appeal: leave granted in error

Horn v LA Health Medical Scheme (CCT97/14) [2015] ZACC 13 (14 May 2015) per Nkabinde J for the majority and Zondo J for the minority, concurring. The Constitutional Court disallowed the appeal as it lacked the necessary...

Read More
Loading