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Under Section 197 of the Labour Relations Act (LRA), when a business is sold as a going concern, employees' contracts transfer automatically to the new employer, preserving rights, obligations, and continuity of service. The Labour Appeal Court case of Africa Online Operations v Scanlon (2024) reaffirmed these protections, even in cases of liquidation, provided business operations continue. Employers cannot alter terms without agreement, ensuring employees' rights remain safeguarded.
By Kloppers IncUnder Section 197 of the Labour Relations Act (LRA), when a business is sold as a going concern, employees' contracts transfer automatically to the new employer, preserving rights, obligations, and continuity of service. The Labour Appeal Court case of Africa Online Operations v Scanlon (2024) reaffirmed these protections, even in cases of liquidation, provided business operations continue. Employers cannot alter terms without agreement, ensuring employees' rights remain safeguarded.