Tasima (Pty) Ltd v Road Traffic Management Corporation and Others (J890/17)
Tasima (Pty) Ltd v Road Traffic Management Corporation and Others (J890/17) [2017] ZALCJHB 198; (2017) 38 ILJ 2385 (LC) (25 May 2017)
The Court held that the handover of the eNaTIS system and services from Tasima to the RTMC, pursuant to the Constitutional Court’s order, constituted a transfer of a business as a going concern under section 197 of the Labour Relations Act. The Court rejected RTMC’s argument that section 197 does not apply to public entities or non-profit undertakings, finding that the statutory definition of ‘business’ is broad and includes services rendered by public bodies. The Court found that the RTMC had taken over the entirety of Tasima’s business, including its premises, assets, and ongoing operations…
Source excerpt
- Automatic Transfer Of Employment
- Section 197 Lra
- Business As Going Concern
- Public Sector Transfer
- Estoppel
- Confidentiality Of Employee Data