Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010) [2010] ZALC 116; (2011) 32 ILJ 443 (LC) (3 August 2010)

Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010) [2010] ZALC 116; (2011) 32 ILJ 443 (LC) (3 August 2010)

The court held that the Labour Relations Act is clear in its intention that the rights and privileges afforded to registered trade unions end upon deregistration, even if an appeal against the Registrar's decision is pending. Section 106(3) of the LRA, read with Schedule 7, provides that deregistration takes effect immediately and is not suspended by the noting of an appeal. The court found that while a de-registered trade union may continue to recruit members and operate in the workplace, it cannot claim organizational rights or represent members before the CCMA, bargaining councils, or the Labour Court. The applicant's request for an interdict restraining the respondent from recruiting...

Citation
[2010] ZALC 116
Parties
Applicant: UNICA Plastic Moulders CC; Respondent: National Union of South African Workers
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
3 August 2010
Case Number
J1072/2010
Procedural Posture
Urgent Application / Final Judgment on Urgent Interdict Application
Outcome
Application dismissed with costs.
Judges
AC Basson
Legal Topics
Trade Union Deregistration, Organizational Rights, Interdict, Appeal Suspension, Labour Relations Act
Labour Law Civil Procedure Trade Union Deregistration Organizational Rights Interdict Appeal Suspension Labour Relations Act

Case Brief

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Parties

UNICA Plastic Moulders CC

Applicant

National Union of South African Workers

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Interdict Application

Legal Issues

  1. 1 Whether a de-registered trade union retains organizational rights pending an appeal against deregistration.
  2. 2 Whether the noting of an appeal against deregistration suspends the effect of the Registrar's decision.
  3. 3 Whether a de-registered trade union may recruit members or approach the employer's premises.

Ratio Decidendi

The court held that the Labour Relations Act is clear in its intention that the rights and privileges afforded to registered trade unions end upon deregistration, even if an appeal against the Registrar's decision is pending. Section 106(3) of the LRA, read with Schedule 7, provides that deregistration takes effect immediately and is not suspended by the noting of an appeal. The court found that while a de-registered trade union may continue to recruit members and operate in the workplace, it cannot claim organizational rights or represent members before the CCMA, bargaining councils, or the Labour Court. The applicant's request for an interdict restraining the respondent from recruiting...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.