South Africa Case Law

Imvula Quality Protection (Pty) Ltd and Others v University of South Africa (JA122/2017)

Imvula Quality Protection (Pty) Ltd and Others v University of South Africa (JA122/2017) [2018] ZALAC 33; [2018] 12 BLLR 1151 (LAC); (2019) 40 ILJ 104 (LAC) (25 September 2018)

Court

Labour Appeal Court

Case number

JA122/2017

Judges

Phatshoane, Davis, Murphy

The court held that the university's insourcing of security personnel did not constitute a transfer of a business as a going concern under section 197 of the LRA. The university did not take over the management, equipment, or operational infrastructure of the appellants' businesses, but only employed certain security guards. The shared services agreement ensured that external service providers continued to supply management, supervision, and equipment. The essential elements of the business, beyond mere human resources, were not transferred, and the university did not operate the business sea…

Source excerpt

• Transfer Of Business
• Section 197 Lra
• Insourcing
• Shared Services Model
• Employment Continuity

Imvula Quality Protection and Others v University of South Africa (J435/17)

Imvula Quality Protection and Others v University of South Africa (J435/17) [2017] ZALCJHB 310; [2017] 11 BLLR 1139 (LC); (2017) 38 ILJ 2763 (LC) (31 August 2017)

Court

Labour Court Johannesburg

Case number

J435/17

Judge

Van Niekerk

The Labour Court held that UNISA’s insourcing of security services did not trigger section 197 because no business infrastructure or assets transferred.

• Section 197 Transfer
• Insourcing
• Termination Of Service Contract
• Employee Transfer
• Shared Services Model
• Labour-law