Unitrans Supply Chain Solutions (Pty) and Another v Nampak Glass (Pty) Ltd and Others (J195/14)
Unitrans Supply Chain Solutions (Pty) and Another v Nampak Glass (Pty) Ltd and Others (J195/14) [2014] ZALCJHB 61; (2014) 35 ILJ 2888 (LC) (24 February 2014)
The court held that the termination of the warehousing agreement between Unitrans and Nampak and the appointment of TMS to provide similar services constituted a transfer of a business as a going concern under section 197 of the Labour Relations Act. The court found that the affected employees, although formally employed by the second applicant, were engaged solely to provide services under the warehousing agreement and worked under the control of the first applicant. The continuity of services, use of Nampak's infrastructure and assets, and the assumption of the right to use those assets by…
Source excerpt
- Section 197 Transfer
- Outsourcing
- Going Concern
- Employment Continuity
- Group Structures
- Service Provider Change