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South Africa Case Law

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Labour Law [2015] ZALAC 41

Maluti-A-Phofung Local Municipality v Rural Maintenance (Pty) Ltd and Another (JA79/2014)

Maluti-A-Phofung Local Municipality v Rural Maintenance (Pty) Ltd and Another (JA79/2014) [2015] ZALAC 41; (2016) 37 ILJ 128 (LAC); [2016] 1 BLLR 13 (LAC) (21 October 2015)

Court
Labour Appeal Court
Case number
JA79/2014
Judges
Davis JA, Coppin JA, Savage AJA

The Labour Appeal Court held that the municipality did not receive a business as a going concern under section 197 of the LRA, and dismissed the transfer claim.

  • Section 197 Transfer
  • Outsourcing
  • Ultra Vires Contract
  • Administrative Law Principle
  • Business As Going Concern
  • Section-197-lra
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.