General Domestic and Professional Employers Organisation v Registrar of Labour Relations (J1620/2010) [2010] ZALCJHB 357 (19 November 2010)

General Domestic and Professional Employers Organisation v Registrar of Labour Relations (J1620/2010) [2010] ZALCJHB 357 (19 November 2010)

The court held that the applicant does not have an automatic right to suspension of the Registrar's decision to de-register it under the Labour Relations Act. Suspension of such a decision is not provided for by statute and must be sought as interim relief from the court. After considering the relevant factors,...

Source-derived case information.

Citation
[2010] ZALCJHB 357
Parties
Applicant: General Domestic and Professional Employers Organisation; Respondent: Registrar of Labour Relations
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Case Number
J1620/2010
Procedural Posture
Urgent Application / Interim Relief Pending Appeal
Outcome
Interim suspension of the Registrar's decision granted, subject to conditions.
Judges
R Lagrange
Legal Topics
Suspension of Administrative Decision, Deregistration of Employers Organisation, Interim Relief, Appeal Under Section 111 Lra
Labour Law Civil Procedure Suspension of Administrative Decision Deregistration of Employers Organisation Interim Relief Appeal Under Section 111 Lra

Source-derived case record

Summary, issues, holding and outcome

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Parties

General Domestic and Professional Employers Organisation

Applicant

Registrar of Labour Relations

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Appeal

Legal Issues

  1. 1 Whether the applicant has an automatic right to suspension of the Registrar's decision to de-register it under the LRA.
  2. 2 Whether the court should exercise its discretion to suspend the Registrar's decision pending the outcome of the applicant's appeal.
  3. 3 What conditions should attach to any suspension granted.

Ratio Decidendi

The court held that the applicant does not have an automatic right to suspension of the Registrar's decision to de-register it under the Labour Relations Act. Suspension of such a decision is not provided for by statute and must be sought as interim relief from the court. After considering the relevant factors, including the potential prejudice to the applicant and the interests of justice, the court exercised its discretion to suspend the cancellation of the applicant's registration pending the outcome of its appeal under section 111 of the LRA. However, the suspension is conditional: if the applicant fails to prosecute its appeal expeditiously, the respondent may apply to the court to...

Court Disposition

Interim suspension of the Registrar's decision granted, subject to conditions.

Orders

  • It is declared that the applicant has no automatic right to the suspension of the Registrar's decision to de-register it under the LRA.
  • The cancellation of the applicant's registration is suspended pending the outcome of the appeal to the Labour Court under section 111 of the LRA, subject to the proviso below.