Barloworld Transportation (Pty) Ltd v Unitrans Supply Chain Solutions (Pty) Ltd and Others (J2967/16)
Barloworld Transportation (Pty) Ltd v Unitrans Supply Chain Solutions (Pty) Ltd and Others (J2967/16) [2017] ZALCJHB 28 (26 January 2017)
The court found that the facts did not support the conclusion that a business or part thereof was being transferred as a going concern. No assets, vehicles, or employees were required to be transferred for the respondents to render the delivery service. The transaction involved only the responsibility for providing deliveries in accordance with instructions from TMS, and there was no evidence of a transfer of a distinct business. The discussions regarding employment of staff and acquisition of furniture were not determinative. Accordingly, the transaction did not fall within the ambit of sect…
Source excerpt
- Section 197 Transfer
- Business As Going Concern
- Outsourcing
- Employee Transfer
- Contract Tender
- Costs Order