South Africa Case Law

Procare Outsourcing (Pty) Ltd and Another v PGR Management t/a Palm Garden Retreat Management (Pty) Ltd and Others (10676/2020)

Procare Outsourcing (Pty) Ltd and Another v PGR Management t/a Palm Garden Retreat Management (Pty) Ltd and Others (10676/2020) [2020] ZAWCHC 113 (20 August 2020)

Court

Western Cape High Court, Cape Town

Case number

10676/2020

Judge

Norton

High Court held section 197 Labour Relations Act issues fall within Labour Court jurisdiction, but granted payment for July 2020 sales orders and rejected set-off.

• Section 197 Transfer
• Outsourcing Agreements
• Jurisdiction Of Labour Court
• Set Off
• Urgent Interdict
• Contractual Payment Dispute

Proctor and Gamble Manufacturing SA (Pty) Ltd and Another v Mokadi and Others (JR895/16)

Proctor and Gamble Manufacturing SA (Pty) Ltd and Another v Mokadi and Others (JR895/16) [2018] ZALCJHB 80 (2 February 2018)

Court

Labour Court Johannesburg

Case number

JR895/16

Judge

S July

The Labour Court reviewed and set aside a CCMA award that applied sections 198A and 200B to an outsourcing arrangement, finding the reasoning irrational.

• Temporary Employment Services
• Deeming Provisions
• Co Employer Liability
• Outsourcing Agreements
• Review Of Arbitration Award
• Labour-law

City Power (Pty) Ltd v Grinpal Energy Management Services (Pty) Ltd and Others (JA55/2012)

City Power (Pty) Ltd v Grinpal Energy Management Services (Pty) Ltd and Others (JA55/2012) [2014] ZALAC 22; [2014] 10 BLLR 945 (LAC); (2014) 35 ILJ 2757 (LAC) (29 May 2014)

Court

Labour Appeal Court

Case number

JA55/2012

Judges

Tlaletsi, Davis, Ndlovu

The court found that the uncontested facts established that the assets and expertise required to operate the prepaid metering project were transferred from the first respondent to the appellant. The business of providing prepaid electrical services to Alexandra residents was handed over to the appellant, and the project continued under its control. The transfer included tangible and intangible assets and the necessary employees. Applying the principles set out by the Constitutional Court in Aviation Union, the court held that a transfer of business as a going concern had occurred, triggering…

Source excerpt

• Section 197 Transfer
• Outsourcing Agreements
• Second Generation Transfer
• Continuity Of Employment
• Municipal Service Provision

Privest Employee Solutions (Pty) Ltd v Vital Distribution Solutions (Pty) Ltd (126/2004)

Privest Employee Solutions (Pty) Ltd v Vital Distribution Solutions (Pty) Ltd (126/2004) [2005] ZASCA 52; [2006] 1 All SA 111 (SCA); 2005 (5) SA 276 (SCA) (30 May 2005)

Court

Supreme Court of Appeal

Case number

126/2004

Judges

Mpati, Zulman, Lewis, Jafta, Mlambo

The SCA held that a labour-broker contract and addendum had to be read together, requiring signed authorisation of time sheets by the client’s authorised representative.

• Contract Interpretation
• Authorisation Of Documents
• Separation Of Issues
• Rule 33 4
• Outsourcing Agreements
• Contract-interpretation