Buys and Impala Distributors and Another (JS 39/05) [2007] ZALC 61; (2008) 29 ILJ 641 (LC) (19 September 2007)

Buys and Impala Distributors and Another (JS 39/05) [2007] ZALC 61; (2008) 29 ILJ 641 (LC) (19 September 2007)

The court found that the outsourcing arrangement between Premier Foods and Impala Distributors did not constitute a transfer of business as a going concern under section 197 of the LRA. Premier Foods retained significant control over warehousing and distribution, continued direct deliveries, and did not transfer assets, customers, or staff to Impala Distributors. The applicant's employment with Premier Foods had already been terminated for operational reasons prior to the outsourcing, and his subsequent employment with Impala Distributors was on a fixed-term and then permanent basis, unrelated to any transfer as a going concern. The dismissal was due to operational requirements following...

Citation
[2007] ZALC 61
Parties
Applicant: Andrew Koloko Buys; Respondent: Impala Distributors; Respondent: Premier Foods
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 September 2007
Case Number
JS 39/05
Procedural Posture
Labour Law Application / Judgment
Outcome
Application dismissed.
Judges
Molahlehi
Legal Topics
Automatic Unfair Dismissal, Transfer as Going Concern, Section 197 Lra, Operational Requirements, Procedural Fairness
Labour Law Automatic Unfair Dismissal Transfer as Going Concern Section 197 Lra Operational Requirements Procedural Fairness

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Andrew Koloko Buys

Applicant

Impala Distributors

Respondent

Premier Foods

Respondent

Procedural Posture

Labour Law Application / Judgment

Legal Issues

  1. 1 Whether the applicant's dismissal was automatically unfair due to a transfer of business as a going concern under section 197 of the LRA.
  2. 2 Whether the outsourcing arrangement between Premier Foods and Impala Distributors constituted a transfer as a going concern.
  3. 3 Whether the dismissal of the applicant was substantively and procedurally fair.

Ratio Decidendi

The court found that the outsourcing arrangement between Premier Foods and Impala Distributors did not constitute a transfer of business as a going concern under section 197 of the LRA. Premier Foods retained significant control over warehousing and distribution, continued direct deliveries, and did not transfer assets, customers, or staff to Impala Distributors. The applicant's employment with Premier Foods had already been terminated for operational reasons prior to the outsourcing, and his subsequent employment with Impala Distributors was on a fixed-term and then permanent basis, unrelated to any transfer as a going concern. The dismissal was due to operational requirements following...

Court Disposition

Application dismissed.

Orders

  • The application of the applicant is dismissed.
  • There is no order as to costs.