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Aviation Union of South Africa & Others V South African Airways (Pty) Ltd & Others

In this matter the Labour Court dealt with a case concerning a second generation outsourcing arrangement. SAA outsourced some of its services to a contractor LGM but subsequently prematurely cancelled the contract ... read more

Second generation transfer - the final word?

In terms of our common law, when there is a transfer of a business, the employees have no right to employment by the transferee and nor can they be compelled to accept employment by the transferee ... read more

South Africa: Labour Appeal Court

Aviation Union of South Africa obo Barnes and Others v South African Airways (Pty) Ltd and Others (JA 51/07) [2009] ZALAC 12 (9 October 2009) ... read more

Aviation Union of South Africa obo Barnes and Others v South African Airways

Labour Appeals Court of South Africa ... read more

Labour Appeal Court confirms second generation transfers are covered by section 197 of the LRA

The LAC ruled that section 197 does apply when an outsourcer terminates its outsourcing agreement with a service provider and takes back the service previously outsourced or awards the contract to render such services to another service provider. As a consequence the employees originally transferred with the service to the original service provider are transferred back to the outsourcer or to the new service provider ... read more


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Upon my Honor,
I shall swear that I shall hold in sacred
trust, the rights and privileges conferred upon me as an Aviation Worker knowing full well that the safety and lives of others are dependent upon my skill and judgement.

I shall never knowingly subject others to risks, which I would not be willing to assume myself,or to those dear to me.
In discharging this trust, I pledge myself never to undertake work, which I feel to be beyond the limits of my knowledge, nor shall I allow any non-certified superior to persuade me to approve aircraft or equipment as airworthy against my better judgement, nor shall I permit my judgement to be influenced by money or other personal gain,
nor shall I pass as airworthy an aircraft or equipment about which I am in doubt, either as result of direct inspection or uncertainty regarding the ability of others who have worked on it to accomplish their work satisfactorily.

I realise the grave responsibility, which is mine as an Aviation Worker, to exercise my judgement on the airworthiness of aircraft and equipment. I therefore, pledge unyielding adherence to these precepts for the advancement of aviation and for the dignity of my vocation.

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