Browsing by Author "Sheen, Tamyn Helen"

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    A microsopic analysis of s 197 in the outsourcing context
    (2013) Sheen, Tamyn Helen; Le Roux, Rochelle
    Outsourcing is a growing modern method of conducting business. The reach of s 197 of the Labour Relations Act in outsourcing has sparked debate and controversy in the legal community. Albeit settled that s 197 may apply to initial outsourcing transactions, a lengthy litigation battle resulted in the recent seminal Constitutional Court judgment of Aviation Union of South Africa and other v South African Airways (Pty) Ltd. The Constitutional Court pronounced on the application of s 197 to second generation outsourcing.