The Constitutional Court considered an application for leave to appeal in a dispute about whether section 197 of the Labour Relations Act was triggered when a service level agreement between a district municipality and a private water services provider ended. The Court said the matter engaged its jurisdiction, but refused leave to appeal with costs, including the costs of two counsel. The judgment records that the Labour Court and Labour Appeal Court had found that the termination of the service level agreement constituted a transfer of a business as a going concern, and that the employees' contracts were transferred to the municipality from 1 July 2020.
This appears to concern section 197 of the Labour Relations Act and the treatment of service provider transitions involving municipal services.
Evidence from source
Leave to appeal is refused with costs, including the costs of two counsel.
Supports: The Court's order refusing leave to appeal with costs.