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dc.date.accessioned 2017-04-08T17:18:03Z
dc.date.available 2017-04-08T17:18:03Z
dc.date.created 2014-10-07 en
dc.identifier.citation [2015] ZACC 8
dc.identifier.citation 2015 (6) BCLR 660 (CC)
dc.identifier.citation [2015] 8 BLLR 757 (CC)
dc.identifier.citation (2015) 36 ILJ 1423 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3769
dc.title City Power (Pty) Ltd v Grinpal Energy Management Services (Pty) Ltd and Others en
dc.title.alternative CCT133/14 en
dc.identifier.casenumber CCT133/14 en
dc.date.hearing 18 November 2014
dc.contributor.judge Tshiqi AJ
dc.date.judgment 20 April 2015
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3769/Full%20judgment%20Official%20version%20%28241%20Kb%29-22881.pdf?sequence=9&isAllowed=y
dc.concourt.synopsis Labour Relations Act 66 of 1995 – section 197 — applicability on municipal entities regulated by Local Government: Municipal Systems Act 32 of 2000 and Local Government: Municipal Finance Management Act 56 of 2003 2 Relationship between Labour Relations Act 66 of 1995 and Local Government: Municipal Systems Act 32 of 2000 in employment matters — Labour Relations Act – section 210 — Labour Relations Act prevails Labour Relations Act 66 of 1995 — section 197 not in conflict with sections 152 and 160 of the Constitution — section 197 applicable to municipal entities unless specifically excluded in terms of section 197(6) of the Labour Relations Act — On the facts, there was transfer of business as a going concern in terms of section 197(2). An application for leave to appeal against an order of the Labour Appeal Court concerning the interpretation and application of the business transfer provisions of the Labour Relations Act (LRA) in relation to municipal entities. The Court held that even though City Power is a municipal entity in terms of statute, it is not exempted from the operation of the transfer provisions of the LRA. The LRA prevails over the Local Government: Municipal Systems Act 32 of 2000 in all employment matters. The Court concluded that there had been a transfer of a business as a going concern. Consequently City Power had automatically taken over the employees. City Power’s appeal was dismissed with costs. Judgment: Tshiqi AJ (unanimous).
dc.concourt.casehistory Application for leave to appeal against a decision of the Labour Appeal Court: City Power (Pty) Ltd v Grinpal Energy Management Services (Pty) Ltd and Others (JA55/2012) [2014] ZALAC 22; [2014] 10 BLLR 945 (LAC); (2014) 35 ILJ 2757 (LAC) (29 May 2014). The case was previously heard in the Johannesburg Labour Court: Grinpal Energy Management Services (Pty) Ltd v City Power Johannesburg (Pty) Ltd and Others (J2022/2012) [2012] ZALCJHB 93; [2013] 1 BLLR 34 (LC); (2013) 34 ILJ 905 (LC) (31 August 2012).


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