South Africa Case Law

National Union of Mineworkers obo Majebe v Civil & General Contractors (P501/13)

National Union of Mineworkers obo Majebe v Civil & General Contractors (P501/13) [2015] ZALCPE 55 (20 November 2015)

Court

Labour Court Port Elizabeth

Case number

P501/13

Judge

Lallie

The court held that the arbitration award issued by the CCMA on 19 June 2007 constituted a 'debt' under the Prescription Act and was subject to a three-year prescriptive period. Prescription commenced 21 days after the award was issued, as stipulated in the award, and was not interrupted by the filing of the review application. Section 145(9) of the LRA, which provides for interruption of prescription by a review application, only applies to awards issued after 1 January 2015. As the award in question was issued before this date, the application to make the award an order of court was dismiss…

Source excerpt

• Prescription Of Arbitration Awards
• Unfair Dismissal
• Review Application
• Reinstatement Orders

Hydro Colour Inks (Pty) Ltd v Chemical, Energy, Paper, Printing, Woods And Allied Workers Union (JA48/07, JA77/09)

Hydro Colour Inks (Pty) Ltd v Chemical, Energy, Paper, Printing, Woods And Allied Workers Union (JA48/07, JA77/09) [2011] ZALAC 14; [2011] 7 BLLR 637 (LAC); (2011) 32 ILJ 1625 (LAC) (18 April 2011)

Court

Labour Appeal Court

Case number

JA48/07, JA77/09

Judges

Tlaletsi, Zondi, Molemela

The court found that the facts demonstrated a transfer of business as a going concern from Keep Inks to Hydro Colour Inks (Pty) Ltd. The appellant operated from the same premises, used the same equipment, employed the same workforce, and continued the same business activities as Keep Inks. The overlap in customers, suppliers, and management further supported this conclusion. Section 197A of the Labour Relations Act applies in cases of insolvency, and the new employer is automatically substituted in the place of the old employer for contracts of employment existing immediately before winding u…

Source excerpt

• Transfer Of Business As Going Concern
• Section 197a
• Insolvency And Employment
• Automatic Substitution Of Employer
• Reinstatement Orders
• Contract Of Employment

Chemical, Energy, Paper, Printing, Wood and Allied Workers Union v Hydro Colour Inks (Pty) Ltd (JS546/2005)

Chemical, Energy, Paper, Printing, Wood and Allied Workers Union v Hydro Colour Inks (Pty) Ltd (JS546/2005) [2007] ZALC 119; [2011] 7 BLLR 655 (LC) (8 November 2007)

Court

Labour Court

Case number

JS546/2005

Judge

Francis

The Labour Court found that Keep Inks’ business had transferred as a going concern to Hydro Colour Inks, triggering section 197A substitution and liability.

• Transfer Of Business As Going Concern
• Section 197 Lra
• Section 197a Lra
• Automatic Substitution Of Employer
• Reinstatement Orders
• Insolvency And Employment