JOURNAL ARTICLES
Laubscher, T.
Case note: National Education Health and
Allied Workers Union v University of Cape Town.
De Rebus
Iss 240, p. 41-42, Mar, 2003
Abstract:
Looks at the judgments of the Labour Court, the Labour Appeal Court and
the Constitutional Court re NEHAWU v University of Cape Town as reported
in 2002 4)BLLR 311(LAC).
Case roundup: double transfer.
Employment Law
Vol. 21, Iss 4, p. 19-20, Aug, 2005
Abstract:
Looks at section 197 of the LRAand the transfer of employees during the
outsourcing process.
Grogan, J.
Outsourcing services: the effect of the new
section 197.
Employment Law Vol. 21, Iss 2, p.
3-15, April, 2005
Abstract:
Looks at the interpretation of section 197 of the LRA as discussed in 2005
3)BLLR 241(LAC). Looks at the transfer of employees during the outsourcing
of certain services.
Going concerns: when is transfer automatic? < Section 197 of Act
66 of 1995 >.
Employment Law Vol. 19, Iss 1,
p. 18-22, Febr, 2003
Abstract:
Looks at the outcome of 2003(2)BCLR 154(CC) and its interpretation of
section 197 of the LRA.
Outsourcing workers: a fresh look at section 197.
Employment Law Vol. 16, Iss 5, p.15-18+24, Oct, 2000
Abstract:
Discusses section 197 of the LRA. Looks at the rights of employees during
the process of outsourcing or the transfer of business. Looks at the
difference between outsourcing and the sale of part of a business as a
going concern.
Israelstam, I.
LRA amendments - have the new LRA
amendments scuppered outsourcing plans?: legal talk.
HR
FUTURE: SOUTH AFRICA'S INDEPENDENT HUMAN RESOURCE MAGAZINE Vol.
2, Iss 10, p. 34-35, Oct, 2002
Abstract:
Focuses on section 197 of the Labour Relations Act which is aimed at
protecting the rights of employees involved in a takeover. Discusses the
rights and duties of the various parties in terms of the amendments.
Focuses on the effects of the amendments on outsourcing.
Van Niekerk, A.
Bleached skeletons resurrected and
vibrant horses corralled: the outsourcing ofservices.
Industrial Law Journal Iss 26, p. 661-665, April, 2005
Abstract:
Looks at section 197 of the LRA as discussed in the outcome of SA
Municipal Workers Union v Rand Airport Management Company 2005 ILJ 67 LAC.
Bosch, C.
Transfers of contracts of employment in the
outsourcing context.
Industrial Law Journal
Iss 22, p.840-855, Apr, 2001
Abstract:
Looks at section 197 of act 66 of 1995. Discusses the transfer of
employment contracts and outsourcing as a transfer.
Examining the complexities of outsourcing.
Management Today Vol. 17, Iss 5, p.41-44, June, 2001
Abstract:
Examines further important pronouncements with particular reference to the
meaning and effect of section 197 of the LRA.
Bosch, C.
Section 197 transfer of a business as a going
concern.
Obiter Vol. 24, Iss 1, p. 232-243,
2003
Abstract:
Deals with the proper interpretation of section 197 of the LRA of 1995.
Milo, D.; Molatudi, O.
The legal implications of
section 197 of the LRA. Part III, Further developments on the meaning of
section 197 of the LRA.
People Dynamics Vol.
18, Iss 3, p.50-51, Mar, 2000 ISSN: 1019-6196
Abstract:
Examines further important pronouncements with particular reference to
the meaning and effect of section 197 of the LRA.
Milo, D.; Molatudi, O.
The legal position in relation
to the outsourcing of services. Part 1.
People Dynamics
Vol. 17, Iss 9, p.54-55, Sep, 1999
ISSN: 1019-6196
Abstract:
Examines the Schutte case with particular reference to the meaning and
effect of section 197 of the LRA which deals with the outsourcing of
services by an employer to another independent entity.
Milo, D.; Molatudi, O.
The legal position in relation
to the outsourcing of services. Part II.
People Dynamics
Vol. 17, Iss 10, p.52-54, Oct, 1999
ISSN: 1019-6196
Abstract:
Examines the Schutte case with particular reference to the meaning and
effect of section 197 of the LRA which deals with the outsourcing of
services by an employer to another independent entity.
Labour law implications of outsourcing transactions: labour law.
Professional Management Review p. 15, 2004
Abstract:
Discusses the Labour Relations Act (LRA) implications of outsourcing
transactions with special reference to section 197 of the LRA. Presents
guidelines for avoiding risks pertaining to the dismissal of employees.
Please note that the article is part of the 2004 FMCG edition of the
journal.
FROM IR NETWORK ( – Library – Electronic Resources – Databases – IR Network)
USERNAME: hesma
PASSWORD: 531924
Title:SAMWU and others v Rand Airport Management Company (Pty) Ltd and others (2004) 13 LAC 1.16.4
Excerpts:...of statutes practice and procedure - interpretation of statutes - the appeal concerns the application of section 197 of the lra - the first...
...constituted a transfer of part of a business as a goingconcern - held that gardening and security services of the first respondent...
...mean to transfer a business or a service "as a goingconcern, dealt with- in the present case, it was found that...
...the outsourcing agreement would fall within the ambit of section 197 - held...
...that since no outsourcing agreement had been concluded, hence there could also not be...
...after this one and in which I concur, this matter concerns the application of section 197 of the Labour Relations Act...
...66 of 1995 ("the Act") to outsourcing. The aspect that I wish to deal with is an...
Title:SAMWU & Others v Rand Airport Management Co (Pty) Ltd & Others (2002) 11 LC 8.33.1
Excerpts:...Dismissal Definitions substantive fairness in dismissal - definitions - transfer of business – goingconcern – a service or part of a service may be transferred...
...as a goingconcern Judgment Landman J [1] The South African Municipal Workers Union...
...as a matter of urgency, a declaratory order that the outsourcing of certain functions by Rand Airport to the Turnkey Facility...
...Ltd (Capital Air) constitutes the transfer of two businesses as goingconcerns for the purposes of section 197 of the Labour Relations...
...that steps needed to be taken to address the situation. Outsourcing was noted as a possibility. [6]At a meeting held...
...Airport informed the union that if the union accepted the outsourcing there would be no need for the retrenchments. [8]On...
Title:SACCAWU & Others v Sun International SA Ltd ( a Division of Kersaf Investments Ltd) (2002) 11 LC 5.2.14
Excerpts:...transfer of a business (whole or part thereof) as a goingconcern took place and accordingly, section 197 of the Labour Relations...
...respondent, during the consultation process, to only the following: 15.6.1 outsourcing agreements; 15.6.2 individual salaries of retrenched employees; and 15.6.3 identity...
...of outsourcing companies." [13]In my view the portions of the pre...
...relatively narrow issues set out above. Both parties led evidence going beyond these issues and cross-examination was likewise not restricted...
...to me to rule against the respondent on any issue going beyond the issues defined by the parties in the pre...
...applied LIFO (last in first out) within the job category concerned. The exercise done by the respondent showed, in its view...
Title:NUMSA v Staman Automatic CC & Another (2003) 12 LC 8.34.3
Excerpts:...accepted the principle that its efficiency will be enhanced by outsourcing services to specialist contractors.” It should be noted that the...
...Jobmates in the interests of the affected parties as a goingconcern within the ambit of section 197.” Clause 3 –“The parties...
...agree that the services is a transferable service as a goingconcern.” Clause 5.1- “As contemplated in section 197 of the Act...
...the written contract between them, is a transfer of a goingconcern as contemplated by section 197 of the Labour Relations Act...
...old employer’) to another employer (‘the new employer’) as a goingconcern. (2)If a transfer of a business takes place, unless...
...are jointly and severally liable in respect of any claim concerning any term or condition of employment that arose prior the...
Title:Schutte & others v Powerplus Performance (Pty) Ltd & another (1999) 8 LC 6.11.3
Excerpts:...business, trade or undertaking to the first respondent as a goingconcern, as contemplated by section 197(1)(a) of the Labour...
...part of its business to the first respondent as a goingconcern. The respondents rely on this agreement and subsequent developments to...
...of section 197, but the closure of its workshops and outsourcing of its service and maintenance work. The relevant terms of...
...but this was insufficient as far as the employees were concerned. That is when Job Secure, a trade union of uncertain...
...that part of its business had been transferred as a goingconcern, within the meaning of section 197, and that contracts of...
...was a transfer of part of a business as a goingconcern or there was not. If there was, the consequences flow...
Title:NEHAWU v University of Cape Town & Others (2002) 11 CC 1.11.3
Excerpts:...in the case where a business is transferred as a goingconcern. This decision of the Constitutional Court resolved some uncertainty that...
...7) BLLR 803 (LC). The central question in this application concerns the meaning of section 197 of the Labour Relations Act...
...of section 197, upon transfer of a business as a goingconcern, the workers are transferred automatically with the business without a...
...NEHAWU, UCT held consultations with it on the reasons for outsourcing and the possible dismissal of workers who were performing the...
...NEHAWU remained unresolved. UCT went ahead with the implementation of outsourcing and retrenchment. It gave notice to some two hundred and...
...also claimed. It sought an order declaring that: (a) the outsourcing of the non-core activities was a transfer of a...
Title:FAWU v General Food Industries Ltd (2002) 11 LC 5.2.12
Excerpts:...Ltd ("the company") on 15 February 2000. 2.The case concerns the dismissal by the company of 58 of its employees...
...the remaining cases was necessary". This judgment is however only concerned with the dismissal of the 58 workers at the Salt...
...191 and 197 of the Act. 7.In or by outsourcing, the company argues that it sought to ensure efficiency, better...
...and baking businesses of Premier Food Industries Ltd ("PFI") as goingconcerns and merged the businesses of PFI with those of the...
...the consequences of buying or selling a business as a goingconcern, as opposed to the purchase of shares and the loan...
...turned on this distinction as far as this case was concerned.) 8.2 PFI and the union had previously entered into a...
Title:General Food Industries Ltd v FAWU (2004) 13 LAC 5.3.3
Excerpts:...of the appellant to continue retrenchments as part of the outsourcing - held that the employer is permitted to retrench workers in...
...by the appellant on 15 February 2000. [2] This appeal concerns a dispute about the fairness or otherwise of the dismissal...
...a world-class business. One such task force, the national outsourcing task force, was established to look at merchandise, canteens, etc...
...company bought the milling and baking businesses of PFI as goingconcerns and merged the businesses of PFI with those of the...
...mills at Butterworth, Port Elizabeth and East London and was outsourcing its non-core functions – examples of this being Pretoria and...
...the Durban mill. Limited outsourcing occurred at Thaba Nchu and Kroonstad. [13] The union wanted...
Title:COSAWU v Zikhethele Trade (Pty) Ltd & another (2005) 14 LC 11.3.2
Excerpts:...order it seeks Judgment Murphy AJ [1] This case is concerned with the consequences of a second generation contracting-out transaction...
...old employer") to another employer ("the new employer") as a goingconcern. Significant consequences flow if a transaction is found to be...
...the workers and to facilitate the sale of businesses as goingconcerns by enabling the new employer to take over the workers...
...you that Zikhethele decides to employ will be advised directly concerning such employment." [20] Once more what is noteworthy about this...
...of the transfer of the business of Khulisa as a goingconcern. In the letter addressed to Mfundisi as managing director of...
...obvious, in his opinion, that as far as Zikhethele was concerned there was no transfer of business to it, and also...
Title:Halgang Properties CC v Western Cape Workers Association (2002) 11 LAC 8.34.5
Excerpts:...a mini-mall, was transferred to the purchaser, as a goingconcern (see infra ) . The mini-mall consisted of a number of...
...of outcome dated 7 October 1999 stated that the dispute concerning an alleged unfair dismissal dispute (operational requirements) remained unresolved. The...
...of which involves the transfer of a business as a goingconcern. [33]The question of the effect of this section was...
...interdict in the Labour Court. The court found that the outsourcing did not constitute a transfer of the whole or a...
...a part of a business, trade or undertaking as a goingconcern. In such a case the consent of the employee is...
...the part of the legislature that transfers of businesses as goingconcerns be facilitated. The legislature then spelt out the consequences. [37...