Ep 3: Prescribed Claim or Justice Delayed? S. 197 Transfers & the LAC Decision in MTN v Njokweni

In this episode, we speak with Advocate Sarah Saunders (https://rivoniagroupadvocates.co.za/m...) , from Rivonia group of Advocates, who represented the respondents - the employees -  in MTN v Njokweni & Others (https://www.saflii.org/za/cases/ZALAC...) in the Labour Appeal Court, where the Court affirmed that employees who are automatically transferred to a new employer under section 197 of the Labour Relations Act need not tender their services to enforce their rights. The case arose from MTN’s 2010 insourcing of its call centre. Although the Court confirmed the workers’ entitlement to backpay, it ruled that part of their claim had prescribed, as prescription began when they became aware of the facts giving rise to the debt, and not when their employment was later confirmed by the court. We discuss what the LAC ruling means for continuity of employment, employer obligations during restructuring, and how prescription rules can complicate the pursuit of labour justice when litigation drags on for years.