Dimension Data (PTY) Ltd and Others v GWB Technologies CC and Others (J 478/2022)
Dimension Data (PTY) Ltd and Others v GWB Technologies CC and Others (J 478/2022) [2022] ZALCJHB 97; (2022) 43 ILJ 1824 (LC) (9 May 2022)
The Court found that the provision of end-user computing services to the City constituted a discrete, organised economic entity capable of being transferred. The termination of the applicants’ service agreement and the simultaneous appointment of GWB to provide the same services, using the same infrastructure, assets, and institutional knowledge, triggered section 197 of the Labour Relations Act. The Court distinguished the present facts from cases where only maintenance services were provided, noting that the EUC services involved a dedicated team, continuity of service, and the transfer of…
Source excerpt
- Section 197 Transfer
- Change Of Service Provider
- Employment Continuity
- Outsourcing
- Declaratory Relief