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South Africa Case Law

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Labour Law [2018] ZALCPE 18

South African Municipal Workers Union v Amathole District Municipality (P272/18)

South African Municipal Workers Union v Amathole District Municipality (P272/18) [2018] ZALCPE 18; 2018] 12 BLLR 1224 (LC) (17 July 2018)

Urgent interim relief to stop municipal restructuring was struck off because the union delayed too long before bringing the application.

  • Urgent Interdict
  • Consultation Requirements
  • Audi Alteram Partem
  • Municipal Restructuring
  • Urgent-interdict
  • Lack-of-urgency
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Labour Law [2007] ZALAC 15

Pretorius v Rustenburg Local Municipality and Others (JA20/05)

Pretorius v Rustenburg Local Municipality and Others (JA20/05) [2007] ZALAC 15; (2008) 29 ILJ 1113 (LAC) (21 December 2007)

The Labour Appeal Court dismissed an employee’s claim for severance pay after municipal restructuring, holding that his rejection of reasonable alternative employment was unreasonable.

  • Municipal Restructuring
  • Severance Pay
  • Collective Agreement
  • Redundancy
  • Alternative Employment
  • Retrenchment Procedure
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Labour Law [2000] ZALC 74

IMATU and Others v Greater Johannesburg Metropolitan Council and Others (J3150/2000)

IMATU and Others v Greater Johannesburg Metropolitan Council and Others (J3150/2000) [2000] ZALC 74 (10 August 2000)

The Labour Court held that employees’ contracts transferred automatically under section 197 of the LRA when the businesses were sold as going concerns, so no consent was required.

  • Transfer Of Employment
  • Municipal Restructuring
  • Statutory Conflict
  • Consent Requirement
  • Automatic Transfer
  • Costs Order
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.