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South Africa Case Law

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Labour Law [2021] ZALCCT 57

Scanlon and 13 Others v Echo International Management Services (Pty) Ltd (In Liquidation) and Others (C349/2020)

Scanlon and 13 Others v Echo International Management Services (Pty) Ltd (In Liquidation) and Others (C349/2020) [2021] ZALCCT 57 (27 July 2021)

The Labour Court granted condonation and referred a limited factual dispute to oral evidence in a section 197A transfer case.

  • Section 197a Transfer
  • Condonation
  • Motion Proceedings
  • Oral Evidence
  • Dispute Of Fact
  • Motion-proceedings
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Labour Law [2021] ZALCCT 35

Bekko and Others v South African Post Office SOC Ltd (C46/2020)

Bekko and Others v South African Post Office SOC Ltd (C46/2020) [2021] ZALCCT 35 (4 June 2021)

The Labour Court dismissed an application to compel South African Post Office to pay and employ transferred workers on equal terms, finding the settlement award did not cover the disputed offer terms.

  • Settlement Agreement
  • Section 197a Transfer
  • Arbitration Award
  • Specific Performance
  • Provident Fund Contributions
  • Settlement-agreement
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Labour Law [2010] ZALC 78

Jenkin v Khumbula Media Connexion (Pty) Ltd (D 914/08)

Jenkin v Khumbula Media Connexion (Pty) Ltd (D 914/08) [2010] ZALC 78; [2010] 12 BLLR 1295 (LC) (2 June 2010)

The court found that the respondent failed to comply with the procedural requirements of section 189 of the Labour Relations Act, as only one meeting was held and no proper consultation took place. The applicant's evidence established that his employment continued uninterrupted through several changes in ownership, and the respondent did not rebut this with credible evidence or documentation. The facts demonstrated a transfer of the business as a going concern under section 197A, entitling the applicant to severance pay based on his full length of service since 1981. The respondent's dismissa…

  • Section 197a Transfer
  • Procedural Fairness
  • Retrenchment
  • Severance Pay
  • Basic Conditions Of Employment
  • Length Of Service
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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.