Registrar of Labour Relations v Consolidated Associated of Employers of South African Region (JA5/13) [2014] ZALAC 45; [2014] 11 BLLR 1107 (LAC); (2015) 36 ILJ 182 (LAC) (18 September 2014)

Registrar of Labour Relations v Consolidated Associated of Employers of South African Region (JA5/13) [2014] ZALAC 45; [2014] 11 BLLR 1107 (LAC); (2015) 36 ILJ 182 (LAC) (18 September 2014)

The Labour Appeal Court found that CAESAR was not a genuine employers’ organisation but a labour consultancy operating for gain, contrary to the requirements of the Labour Relations Act and ministerial guidelines. The evidence demonstrated that CAESAR and COFESA were interlinked, with CAESAR serving as a vehicle for...

Source-derived case information.

Citation
[2014] ZALAC 45
Parties
Appellant: Registrar of Labour Relations; Respondent: Consolidated Association of Employers of South African Region (CAESAR)
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
18 September 2014
Case Number
JA5/13
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld; Labour Court judgment set aside; Registrar’s decision to deregister CAESAR confirmed.
Judges
Francis, Tlaletsi, Mokgoatlheng
Legal Topics
Deregistration of Employers Organisation, Genuineness of Employers Organisation, Administrative Action, Audi Alteram Partem, Profit Motive, Ministerial Guidelines
Labour Law Administrative Law Deregistration of Employers Organisation Genuineness of Employers Organisation Administrative Action Audi Alteram Partem Profit Motive Ministerial Guidelines

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Registrar of Labour Relations

Appellant

Consolidated Association of Employers of South African Region (CAESAR)

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether CAESAR was a genuine employers’ organisation as envisaged by the Labour Relations Act and ministerial guidelines.
  2. 2 Whether the Registrar of Labour Relations acted lawfully and fairly in deregistering CAESAR.
  3. 3 Whether the relationship between CAESAR and COFESA indicated a profit motive contrary to the requirements for registration.

Ratio Decidendi

The Labour Appeal Court found that CAESAR was not a genuine employers’ organisation but a labour consultancy operating for gain, contrary to the requirements of the Labour Relations Act and ministerial guidelines. The evidence demonstrated that CAESAR and COFESA were interlinked, with CAESAR serving as a vehicle for COFESA’s business interests and charging members for services beyond nominal membership fees. The Registrar acted within his statutory powers, followed fair procedures, and provided adequate reasons for deregistration. The Labour Court erred in finding that the Registrar acted on mere suspicion and failed to appreciate the totality of evidence indicating CAESAR’s profit motive...

Court Disposition

Appeal upheld; Labour Court judgment set aside; Registrar’s decision to deregister CAESAR confirmed.

Orders

  • The appeal is upheld with costs.
  • The decision of the Labour Court is set aside and replaced with an order confirming the Registrar’s decision to deregister the respondent.