Phillips Law

Section 129: Effect of corporate rescue on employees and contracts

(3) When acting in terms of subsection (2)-
(a) a corporate rescue practitioner must not suspend any provision of –

(i) an employment contract; or
(ii) a financial contract to which the provisions of section 35 or 36 would have applied had the company been liquidated; and

(b) a court may not cancel any provision of-

(i) an employment contract, except as contemplated in subsection ( l );

(ii) an agreement to which the provisions of section 35 or 36 would have applied had the company been liquidated; and

(c) if a corporate rescue practitioner suspends a provision of an agreement relating to security granted by the company, that provision nevertheless continues to apply for the purpose of section 127, with respect to any proposed disposal of property by the company.

(4) Any party whose agreement that has been suspended or cancelled, or any provision which has been suspended or cancelled, in terms of subsection (2), may assert a claim against the company only for damages.

(5) If liquidation proceedings have been converted into corporate rescue proceedings, the liquidator is a creditor of the company to the extent of any outstanding claim by the liquidator for any remuneration due for work performed, or compensation for expenses incurred, before the corporate rescue proceedings began.

  • According to the Insolvency Act [Chapter 6:07]. PART XXIII: Corporate Rescue