Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Jack and Others v Cape Peninsula University of Technology and Others (C850/2017) [2021] ZALCCT 88 (19 November 2021)
Labour Court review dismissed after finding the arbitrator reasonably evaluated evidence on section 197 insourcing eligibility and inconsistency.
Imvula Quality Protection (Pty) Ltd and Others v University of South Africa (JA122/2017) [2018] ZALAC 33; [2018] 12 BLLR 1151 (LAC); (2019) 40 ILJ 104 (LAC) (25 September 2018)
The court held that the university's insourcing of security personnel did not constitute a transfer of a business as a going concern under section 197 of the LRA. The university did not take over the management, equipment, or operational infrastructure of the appellants' businesses, but only employed certain security guards. The shared services agreement ensured that external service providers continued to supply management, supervision, and equipment. The essential elements of the business, beyond mere human resources, were not transferred, and the university did not operate the business sea…
Source excerpt
Imvula Quality Protection and Others v University of South Africa (J435/17) [2017] ZALCJHB 352 (26 September 2017)
The Labour Court granted leave to appeal in a section 197 insourcing dispute, finding the issue novel and important enough to require higher-court guidance.
Imvula Quality Protection and Others v University of South Africa (J435/17) [2017] ZALCJHB 310; [2017] 11 BLLR 1139 (LC); (2017) 38 ILJ 2763 (LC) (31 August 2017)
The Labour Court held that UNISA’s insourcing of security services did not trigger section 197 because no business infrastructure or assets transferred.
Explore more
