n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Franchise agreements : the transfer of a business (franchise) as a going concern. PE Pack 4100CC v Sanders and Others : case note
|Article Title||Franchise agreements : the transfer of a business (franchise) as a going concern. PE Pack 4100CC v Sanders and Others : case note|
|© Publisher:||Juta Law Publishing|
|Journal||SA Mercantile Law Journal = SA Tydskrif vir Handelsreg|
|Affiliations||1 University of South Africa and 2 University of South Africa|
|Publication Date||Jan 2014|
|Pages||533 - 541|
Section 197 of the Labour Relations Act 66 of 1995 ('the Act') has received considerable attention from the highest courts in the country (Aviation Union of South Africa and Another v South African Airways (Pty) Ltd and Others 2012 (1) SA 321 (CC) ('the Aviation Union case'); NEHAWU v University of Cape Town and Others 2003 (3) SA 1 (CC) ('the UCT case'); SAMWU and Others v Rand Airport Management Company (Pty) Ltd and Others  3 BLLR 241 (LAC); and Ponties Panel Beaters Partnership v NUMSA and Others  2 BLLR 99 (LAC) ('the Ponties Panel Beaters case')). The Constitutional Court in the UCT case confirmed that section 197 of the Act applies to outsourcing agreements. In the Aviation Union case (supra), the Constitutional Court held in its most recent judgment dealing with section 197 that section 197 also applies to so-called second-generation outsourcing agreements.
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