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The Constitutional Court judgment in the matter of The Aviation Union of South Africa and the South African Transport and Allied Workers’ Union v South African Airways (Pty) Limited and LGM South Africa Facility Managers and Engineers (Pty) Limited and Allan and 204 others became available on 24 November 2011.

Section 197 of the Labour Relations Act (the Act) regulates the employment law consequences of a transfer of the whole or part of a business as a going concern.

It can be challenging to determine definitively whether a particular outsourcing arrangement triggers section 197 of the Labour Relations Act No. 66 of 1995 ("the LRA")...

When an outsourcing agreement terminates any employees transferred in terms of the agreement are not automatically transferred back to the old employer or to any new service provider.

Over the years, outsourcing of information technology services has become standard practice for most large scale companies. Outsourcing involves a service provider's employees performing...

Welcome to the first edition of our monthly Middle East & Africa Technology, IP and Sourcing Focus — your source for know-how, recent news and developments in technology, intellectual property and sourcing across the Middle East and Africa.

Shared services and outsourcing models are driven by, amongst others, cost savings as well as the need to improve global delivery and operating models and support business growth agendas.

The Constitutional Court has delivered a useful judgment for municipalities, organs of state, and private service providers involved in outsourcing and insourcing arrangements.

The Minister of Communications recently published the proposed Cryptography and Accreditation Regulations, which, among other things, will oblige providers of encryption services and products (cryptography providers) to supply highly detailed information about themselves and their services.

Having attended a number of Outsourcing and Offshoring conferences lately, the most frequently asked question we hear is, "What is the next strategic location?" Someone will offer "Costa Rica," another chimes in "South Africa." Stepping back for a moment, it is important to appreciate how remarkable it is that we can even ask this question.

Since its introduction into the amended Labour Relations Act, 66 of 1995 ("the LRA") in 2002 and the pronouncement on its application by the Constitutional Court in the case of National Education Health & Allied Workers Union (NEHAWU)v University of Cape Town & Others (2003) (CC), labour and commercial practitioners are familiar with Section 197 as having application to transfers of businesses.