Business transfer: Second generation
In the absence of any amendments to the Labour Relations Act the decision today is now the final word on this touchy subject.
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Business transfers restricted: Only first generation
“But, as we shall demonstrate, this approach to interpreting legislation, and to the invocation of s 39(2), is not consonant with the approach of the Constitutional Court and this court, and the disregard of the words used by...
Read MoreGilesFiles Updates: 42 judgments October 24, 2009
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,...
Read MoreBusiness transfers: second generation
The LAC has decisively held that so-called “second generation transfers” are governed by s197 of the Labour Relations Act, 1995. In other words section 197 of the LRA applies not only to a “first generation...
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