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South Africa Case Law

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Labour Law [2023] ZALCD 3

NUMSA obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19)

NUMSA obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19) [2023] ZALCD 3 (27 February 2023)

Court
Labour Court Durban
Case number
D 1112/19
Judge
B Whitcher

The Labour Court held that the purported transfer was not a section 197 transfer of a business as a going concern, and restored the applicants’ prior employment status.

  • Section 197 Transfer
  • Sham Transfer
  • Restoration Of Status Quo
  • Automatically Unfair Dismissal
  • Section-197-transfer
  • Sham-transfer
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Labour Law [2023] ZALCD 2

Numsa obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19)

Numsa obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19) [2023] ZALCD 2; (2023) 44 ILJ 1099 (LC); [2023] 5 BLLR 459 (LC) (27 January 2023)

Court
Labour Court Durban
Case number
D 1112/19
Judge
B Whitcher

The Labour Court held that the transfer to AIH Logistics was not a section 197 transfer of a business as a going concern and ordered restoration of the prior employment position.

  • Transfer Of Business
  • Section 197 Lra
  • Continuity Of Employment
  • Sham Transfer
  • Restoration Of Status Quo
  • Section-197
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.