LRA 187(1)(g) transfer Archives

Transfer or operational reasons: Dominant cause considered

by GilesFiles | Feb 10, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, AUD, Causes and defences, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Going concern transferred: Automatically unfair dismissal

by GilesFiles | Jul 17, 2024 | 2020 onwards, Applications, AUD, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Operation of law, Orders, Parties, Private enterprises, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Transferring business operations: Still going concern

by GilesFiles | Nov 3, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Transport & communication | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Employment merger conditions: Specific to dismissals

by GilesFiles | Jun 17, 2022 | Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Competition Appeal Court, Consumer protection, Costs, Costs awarded, Courts, Declaratory, Disputes: factual, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Markets in SA, Orders, Parties, philosophy / economics, Private enterprises, Protectable interests, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Competition Commission v Coca-Cola Beverages Africa (Pty) Ltd In what manner is Commission required to act when performing oversight regarding compliance with employment merger conditions? “[61] Sight cannot be lost that...

Service level agreement: Taking over other employees

by GilesFiles | May 9, 2022 | 2020 onwards, André van Niekerk, Applications, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Deemed, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 197 - transfers, LRA 1995, Operation of law, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Sale not transfer agreement: LRA s197 jurisdiction lacking

by GilesFiles | May 9, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 197 - transfers, LRA 1995, Orders, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Transferred business consequences: New employer

by GilesFiles | Apr 5, 2022 | 2020 onwards, André van Niekerk, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Decisive commercial rationality: Dismissal after transfer

by GilesFiles | Mar 11, 2022 | 2020 onwards, André van Niekerk, Applications, AUD, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Respecting arbitration agreement: Business transfer dispute

by GilesFiles | Sep 7, 2021 | 2020 onwards, Agriculture, Applications, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, staying proceedings, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Automatic termination clause: Severance pay fixed term

by GilesFiles | Sep 26, 2020 | 2020 onwards, Automatic, BCEA 1997 (LRL 10), Courts, Declaratory, Edwin Tlhotlhalemaje, Finance, Fixed-term, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Review tests, Sectors, Severance pay, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Service level agreement: Going concern reversion

by GilesFiles | Sep 3, 2020 | 2020 onwards, André van Niekerk, Applications, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Municipal, Operation of law, Orders, Parties, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Water & Sanitation Services SA (Pty) Ltd v King Cetshwayo District Municipality Labour court declared that s 197 of the LRA applied when the service level agreement (SLA) ended and was not simply a termination of a contract...

Business transfer examined: LRA s197 applied

by GilesFiles | Aug 4, 2020 | 2020 onwards, Appeals, Appeals - leave, ConCourt judges, Constitutional Court, Courts, Declaratory, Disallowed, Disputes: factual, Interpretation etc, Judges, Jurisdiction & powers, L Theron, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Managerial prerogative, Orders, Parties, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: LRA 187(1)(g) transfer