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South Africa Case Law

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Labour Law [2003] ZASCA 67

Telkom SA Ltd and Others v Blom and Others (227/02)

Telkom SA Ltd and Others v Blom and Others (227/02) [2003] ZASCA 67; [2003] 3 All SA 130 (SCA); 2005 (5) SA 532 (SCA); (2003) 24 ILJ 1475 (SCA); [2003] 7 BLLR 638 (SCA) (31 May 2003)

The SCA held that transfer of a business under s 197 can end employment with the old employer and trigger pension benefits under the fund rules.

  • Transfer Of Employment
  • Pension Benefits
  • Section 197 Lra
  • Termination Of Membership
  • Statutory Assignment
  • Section-197-lra
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Labour Law [2000] ZALC 74

IMATU and Others v Greater Johannesburg Metropolitan Council and Others (J3150/2000)

IMATU and Others v Greater Johannesburg Metropolitan Council and Others (J3150/2000) [2000] ZALC 74 (10 August 2000)

The Labour Court held that employees’ contracts transferred automatically under section 197 of the LRA when the businesses were sold as going concerns, so no consent was required.

  • Transfer Of Employment
  • Municipal Restructuring
  • Statutory Conflict
  • Consent Requirement
  • Automatic Transfer
  • Costs Order
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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.