CASE NUMBER: MINT 72392: Applicant: Mr A Section 191 (12) provides that an employee who is dismissed by the employer’s operational requirements may elect to refer the dispute either to arbitration or to the Labour Court if – (a) the employer followed a consultation procedure that applied to that employee only, irrespective of whether that procedure complied with section 189; (b) the employer’s operational requirements lead to the dismissal of that employee only or (c) the employer employs less...

Transfer of a business “as a going concern” is not the same as only selling shares or assets of the business, but it rather refers that the transferred company continues to run ordinarily as it did in the hands of the purchaser. The previous owner will no longer conduct this business and carries it over to the new owner. Section 197 of the Labour Relations Act regulates the transfer of a business as a going concern from the old employer to the new employer as well as the rights of the...