South Africa Case Law

South African Clothing and Textile Workers Union and Another and Others v Precision Cutting and Trim and Others (C524/2022)

South African Clothing and Textile Workers Union and Another and Others v Precision Cutting and Trim and Others (C524/2022) [2025] ZALCCT 13 (19 February 2025)

Court

Labour Court Cape Town

Case number

C524/2022

Judge

T Gandidze

The Labour Court granted condonation for a late referral in an automatically unfair dismissal dispute, finding the delay explained and prospects of success arguable.

• Condonation
• Automatically Unfair Dismissal
• Transfer Of Business
• Section 197 Lra
• Joinder
• Late Referral

Ndou and Others v Colefax Trading (Pty) Ltd and Others (J1330/22)

Ndou and Others v Colefax Trading (Pty) Ltd and Others (J1330/22) [2024] ZALCJHB 454 (20 November 2024)

Court

Labour Court Johannesburg

Case number

J1330/22

Judge

Seedat

The Labour Court held the EEA appeal was late under calendar-day computation, but granted condonation because the case raises an important discrimination question.

• Employment Equity Act
• Condonation
• Discrimination
• Computation Of Days
• Transfer Of Business
• Employment-equity-act

Katiso Transport and Logistics CC and Another v Eagle Liner Transport (Pty) Ltd and Others (JA118/2022)

Katiso Transport and Logistics CC and Another v Eagle Liner Transport (Pty) Ltd and Others (JA118/2022) [2023] ZALAC 31; [2024] 3 BLLR 255 (LAC) (30 November 2023)

Court

Labour Appeal Court

Case number

JA118/2022

Judges

Mlambo JA, Davis JA, Smith AJA

The Labour Appeal Court limited a section 197 transfer order to the cross-border bus service and its drivers, setting aside a broader declaratory order.

• Transfer Of Business
• Section 197 Lra
• Declaratory Relief
• Employment Contracts
• Res Judicata
• Section-197-lra

Avis Southern Africa (Pty) Limited and Others v Porteous and Another (2023/0817898)

Avis Southern Africa (Pty) Limited and Others v Porteous and Another (2023/0817898) [2023] ZAGPJHC 1160; 2024 (2) SA 386 (GJ) (16 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/0817898

Judge

C Bester

The High Court dismissed an urgent bid to enforce a restraint and confidentiality claim, finding no proven cession of restraint rights or protectable interest.

• Restraint Of Trade
• Transfer Of Business
• Confidential Information
• Protectable Interest
• Interim Interdict
• Section 197 Lra

SATAWU obo Mbano and Another v Moodyblue Trade Invest 14 (Pty) Ltd and Others (Leave to Appeal) (J1016/2019)

SATAWU obo Mbano and Another v Moodyblue Trade Invest 14 (Pty) Ltd and Others (Leave to Appeal) (J1016/2019) [2023] ZALCJHB 129 (5 May 2023)

Court

Labour Court Johannesburg

Case number

J1016/2019

Judge

Lallie

The Labour Court granted leave to appeal after finding reasonable prospects that the Labour Appeal Court could interpret the papers differently.

• Prospects Of Success On Appeal
• Transfer Of Business
• Reinstatement
• Mala Fide Conduct
• Leave-to-appeal
• Reasonable-prospects-of-success

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

National Union of Metalworkers of South Africa and Others v Bravo Span 119 CC (JS211/17)

National Union of Metalworkers of South Africa and Others v Bravo Span 119 CC (JS211/17) [2019] ZALCJHB 184 (30 July 2019)

Court

Labour Court Johannesburg

Case number

JS211/17

Judge

P Nkutha-Nkontwana

The Labour Court upheld the retrenchments as substantively and procedurally fair, but held that severance pay must include service under Hilo Trading.

• Unfair Dismissal
• Retrenchment
• Severance Pay
• Transfer Of Business
• Section 189 Consultation
• Section 197 Continuity

Moloney and Others v 3D Design Close Corporation t/a Muga Design (In Liquidation) and Others (JS 201/17)

Moloney and Others v 3D Design Close Corporation t/a Muga Design (In Liquidation) and Others (JS 201/17) [2019] ZALCJHB 55 (15 March 2019)

Court

Labour Court Johannesburg

Case number

JS 201/17

Judge

Tlhotlhalemaje

The Labour Court refused absolution from the instance in a dismissal dispute, finding the employees had made out a prima facie case to answer on piercing the corporate veil.

• Automatic Unfair Dismissal
• Piercing Corporate Veil
• Transfer Of Business
• Section 187 Lra
• Section 191 Lra
• Absolution-from-the-instance

Xaba and Others v I G Tooling & Light Engineering (Pty) Ltd and Others (JR 200/16)

Xaba and Others v I G Tooling & Light Engineering (Pty) Ltd and Others (JR 200/16) [2018] ZALCJHB 395; (2019) 40 ILJ 638 (LC) (28 November 2018)

Court

Labour Court Johannesburg

Case number

JR 200/16

Judge

Prinsloo

The Labour Court dismissed a challenge to a retrenchment settlement agreement, held section 158(1)(g) review was incompetent, and ordered costs de bonis propriis.

• Settlement Agreement Review
• Section 158 Lra
• Section 197 Lra
• Costs De Bonis Propriis
• Retrenchment
• Transfer Of Business

Pepkor Speciality (Proprietary) Limited and Another v Van Huyssteen and Others (16806/2018)

Pepkor Speciality (Proprietary) Limited and Another v Van Huyssteen and Others (16806/2018) [2018] ZAWCHC 157 (7 November 2018)

Court

Western Cape High Court, Cape Town

Case number

16806/2018

Judge

Baartman

The court found that the restraint of trade agreements entered into by the respondents with Tekkie Town survived the transfer of business to the applicants under section 197 of the Labour Relations Act, as the goodwill of Tekkie Town formed part of the transfer. The respondents, having admitted to operating a similar business and employing ex-Tekkie Town staff, were found to be in breach of the restraint agreements. While the original restraint was unreasonably wide, the court held that it could be modified to protect the applicants' legitimate interests without unduly restricting the respond…

Source excerpt

• Restraint Of Trade
• Transfer Of Business
• Goodwill Protection
• Interim Interdict
• Employment Contracts