NUMSA obo Members v Sacks Packaging (Pty) Ltd and Others (D396/20)
NUMSA obo Members v Sacks Packaging (Pty) Ltd and Others (D396/20) [2020] ZALCD 14; (2021) 42 ILJ 165 (LC); [2021] 2 BLLR 212 (LC) (8 September 2020)
The court found that the transfer of contracts of employment from the First Respondent to the Second Respondent did not constitute a transfer of business as a going concern under section 197 of the LRA. Although the First Respondent conceptually and operationally distinguished between core and non-core functions, the evidence showed that employees performed both types of functions interchangeably. The First Respondent's reliance on 'predominance' of non-core functions was insufficient to establish a discrete and stable set of employees dedicated solely to the transferred functions. The lack o…
Source excerpt
- Section 197 Transfer
- Going Concern Definition
- Outsourcing
- Interdictory Relief
- Employment Contracts
- Service Level Agreement