Bosman v Nutricia SA Limited (J5091/00) [2001] ZALC 187 (25 October 2001)

Bosman v Nutricia SA Limited (J5091/00) [2001] ZALC 187 (25 October 2001)

The court found that the applicant remained an employee of Pharmacare and did not become an employee of Nutricia SA Limited. There was no contract of employment between the applicant and Nutricia, nor was she included in the list of employees transferred in the sale agreement. Section 197 of the Labour Relations Act does not compel the new employer to take over employment contracts unless it agrees to do so. As Nutricia did not agree to employ the applicant, she failed to prove entitlement to relief against Nutricia. The application for absolution from the instance was upheld with costs.

Citation
[2001] ZALC 187
Parties
Applicant: H D Bosman; Respondent: Nutricia SA Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
25 October 2001
Case Number
J5091/00
Procedural Posture
Civil Application / Absolution From the Instance
Outcome
Application for absolution from the instance upheld with costs.
Judges
A A Landman
Legal Topics
Transfer of Business, Section 197 Lra, Employment Contracts, Unfair Dismissal
Labour Law Transfer of Business Section 197 Lra Employment Contracts Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

H D Bosman

Applicant

Nutricia SA Limited

Respondent

Procedural Posture

Civil Application / Absolution From the Instance

Legal Issues

  1. 1 Whether the applicant became an employee of Nutricia SA Limited by operation of section 197 of the Labour Relations Act.
  2. 2 Whether Nutricia SA Limited unfairly dismissed the applicant.
  3. 3 Whether the applicant is entitled to relief against Nutricia SA Limited.

Ratio Decidendi

The court found that the applicant remained an employee of Pharmacare and did not become an employee of Nutricia SA Limited. There was no contract of employment between the applicant and Nutricia, nor was she included in the list of employees transferred in the sale agreement. Section 197 of the Labour Relations Act does not compel the new employer to take over employment contracts unless it agrees to do so. As Nutricia did not agree to employ the applicant, she failed to prove entitlement to relief against Nutricia. The application for absolution from the instance was upheld with costs.

Court Disposition

Application for absolution from the instance upheld with costs.

Orders

  • The application for absolution from the instance is upheld.
  • The applicant is ordered to pay the costs.