SATAWU and Another v MEC: Gauteng for Roads & Transport and Others (J1142/15)
SATAWU and Another v MEC: Gauteng for Roads & Transport and Others (J1142/15) [2015] ZALCJHB 204; (2015) 36 ILJ 3155 (LC) (15 July 2015)
The court found that while certain components of Putco's business—such as the contractual right to perform services, a general customer base, the right of use of bus stops and terminals, one depot, and some former drivers—were transferred to Autopax, these were insufficient and too fragmented to constitute a transfer of a business as a going concern. The majority of key assets, including buses, depots, and most employees, remained with Putco. The court emphasised that section 197 requires the transfer of a discrete, autonomous, and identifiable business undertaking, which was not present in t…
Source excerpt
- Section 197 Transfer
- Outsourcing
- Going Concern
- Change Of Service Provider
- Employment Protection
- Government Subsidy