Lotz v Anglo Office Supplies (JS52/05) [2005] ZALC 98; [2006] 5 BLLR 491 (LC); (2006) 27 ILJ 809 (LC) (1 December 2005)

Lotz v Anglo Office Supplies (JS52/05) [2005] ZALC 98; [2006] 5 BLLR 491 (LC); (2006) 27 ILJ 809 (LC) (1 December 2005)

The court held that section 197 does not universally preclude recourse against the old employer in every case of business transfer. The facts indicated that the applicant was withdrawn from the transfer process and not included in the list of employees to be transferred. The determination of whether an employee must proceed only against the new employer depends on the specific circumstances of each case. The applicant's dismissal was related to a contemplated transfer, and the mere fact that he was not ultimately transferred does not bar his claim against the old employer. The point in limine was therefore dismissed, and the respondent was ordered to pay the costs of the hearing.

Citation
[2005] ZALC 98
Parties
Applicant: Roger Lotz; Respondent: Anglo Office Supplies
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 December 2005
Case Number
JS52/05
Procedural Posture
Civil Trial / Point in Limine
Outcome
The respondent's point in limine is dismissed with costs.
Judges
H M Musi
Legal Topics
Automatically Unfair Dismissal, Section 197 Transfer, Section 187 1 G, Employee Identification in Transfer, Recourse Against Old Employer
Labour Law Automatically Unfair Dismissal Section 197 Transfer Section 187 1 G Employee Identification in Transfer Recourse Against Old Employer

Case Brief

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Parties

Roger Lotz

Applicant

Anglo Office Supplies

Respondent

Procedural Posture

Civil Trial / Point in Limine

Legal Issues

  1. 1 Whether the applicant has sued the correct party in light of section 197 of the Labour Relations Act.
  2. 2 Whether an employee dismissed for a reason related to a contemplated transfer can have recourse against the old employer.
  3. 3 Whether the applicant's exclusion from the list of transferred employees affects his rights under section 197.

Ratio Decidendi

The court held that section 197 does not universally preclude recourse against the old employer in every case of business transfer. The facts indicated that the applicant was withdrawn from the transfer process and not included in the list of employees to be transferred. The determination of whether an employee must proceed only against the new employer depends on the specific circumstances of each case. The applicant's dismissal was related to a contemplated transfer, and the mere fact that he was not ultimately transferred does not bar his claim against the old employer. The point in limine was therefore dismissed, and the respondent was ordered to pay the costs of the hearing.

Court Disposition

The respondent's point in limine is dismissed with costs.

Orders

  • The point in limine is dismissed.
  • The respondent is ordered to pay the costs of the hearing.