n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Franchise agreements : the transfer of a business (franchise) as a going concern. : case note

Volume 26, Issue 2
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Section 197 of the Labour Relations Act 66 of 1995 ('the Act') has received considerable attention from the highest courts in the country ( 2012 (1) SA 321 (CC) ('the case'); 2003 (3) SA 1 (CC) ('the case'); [2005] 3 BLLR 241 (LAC); and [2009] 2 BLLR 99 (LAC) ('the case')). The Constitutional Court in the case confirmed that section 197 of the Act applies to outsourcing agreements. In the 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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