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
Kohliso v Secuforce Security Services and Another (C672/2016) [2017] ZALCCT 48 (11 October 2017)
The Labour Court held that Comwezi Security Services was bound by an arbitration award against the old employer after a section 197A transfer and liquidation.
Mokhele and Others v Schmidt NO and Another (JS564/11) [2016] ZALCJHB 196; (2016) 37 (ILJ) 2662 (LC) (19 May 2016)
The court found that the business of Archstone Manufacturing (Pty) Ltd was transferred as a going concern to Paving Warehouse CC, as the substance of the transaction involved the continuation of the same business, products, premises, and workforce, despite the form being a purchase of assets. The dismissals of the applicants were effected to avoid the consequences of section 197A and were therefore automatically unfair in terms of section 187(1)(g) of the Labour Relations Act. The contracts of employment ought to have transferred automatically to the second respondent, and the applicants are…
Source excerpt
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)
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
Explore more
