The Labour Relations Act is considered to be particularly in favour of the employee and offers several measures to ensure that employees are protected in all matters relating to their employment. It may be the case that an employer, whose business plan is to build and sell a business or any part thereof, thinks he/she is taking the smart route and simply sticks to outsourcing his/her business functions so that they do not have to commit to a particular workforce.
The employee is thoroughly protected within the workplace- not only from unfair dismissals, but also from unfair labour practices. Section 186(2) of the Labour Relations Act defines an unfair labour practice as follows:
Who is the sheriff? The sheriff and the deputy sheriff are in fact officers of the court who are appointed by the minister of justice in terms of the Sheriffs Act 90 of 1986. This sheriff does not arrest individuals as the name may suggest but is rather a key player in the services, such as the service of documents in legal proceedings and execution of court orders.
Selling a Business as a going concern does not have a set definition but rather it is determined according to a factual test. A business is therefore sold as a going concern when after it is sold it remains largely the same as it was before it was sold. There is no definitive factor to determine this and as such must be determined on a case by case basis.
The Labour Relations Act is considered to be particularly in favour of the employee and offers several measures to ensure that employees are protected in all matters relating to their employment. It may be the case that an employer, whose business plan is to build and sell a business or any part thereof, thinks he/she is taking the smart route and simply sticks to outsourcing his/her business functions so that they do not have to commit to a particular workforce.
The employee is thoroughly protected within the workplace- not only from unfair dismissals, but also from unfair labour practices. Section 186(2) of the Labour Relations Act defines an unfair labour practice as follows:
Who is the sheriff? The sheriff and the deputy sheriff are in fact officers of the court who are appointed by the minister of justice in terms of the Sheriffs Act 90 of 1986. This sheriff does not arrest individuals as the name may suggest but is rather a key player in the services, such as the service of documents in legal proceedings and execution of court orders.
Selling a Business as a going concern does not have a set definition but rather it is determined according to a factual test. A business is therefore sold as a going concern when after it is sold it remains largely the same as it was before it was sold. There is no definitive factor to determine this and as such must be determined on a case by case basis.
