South Africa Case Law

National Employers United of South Africa (NEUSA) v Registrar of Labour Relations (J 1947/10)

National Employers United of South Africa (NEUSA) v Registrar of Labour Relations (J 1947/10) [2012] ZALCJHB 57; (2013) 34 ILJ 384 (LC) (27 June 2012)

Court

Labour Court Johannesburg

Case number

J 1947/10

Judge

Bhoola

The court found that the applicant failed to meet the definition of a genuine employers' organisation as required by section 213 of the Labour Relations Act. The evidence showed inconsistencies in the formation date, constitution adoption, and election of office bearers. The applicant did not provide sufficient documentation or credible evidence to establish that it was formed by employers associating together for the collective regulation of labour relations. The respondent's decision was based on a thorough consideration of the facts and applicable guidelines, and there was no indication of…

Source excerpt

• Registration Of Employers Organisation
• Definition Of Genuine Employers Organisation
• Appeal Procedure Under Lra
• Guidelines For Registration
• Freedom Of Association

Crouse N.O and Another v Workers Union of South Africa (CA1/2006)

Crouse N.O and Another v Workers Union of South Africa (CA1/2006) [2008] ZALAC 5; [2008] 10 BLLR 919 (LAC); (2008) 29 ILJ 2571 (LAC) (19 May 2008)

Court

Labour Appeal Court

Case number

CA1/2006

Judges

Davis JA, Zondo JP, Tlaletsi AJA

The Labour Appeal Court held that the Registrar’s refusal to register a union was not final because section 96 procedures were not followed, and referred the matter back.

• Registration Of Trade Unions
• Genuine Trade Union Requirement
• Administrative Procedure
• Appeal Procedure Under Lra
• Trade-union-registration
• Labour-relations-act

Western Cape Workers Association v Minister of Labour (C22/2005)

Western Cape Workers Association v Minister of Labour (C22/2005) [2005] ZALC 80; [2006] 1 BLLR 79 (LC); (2005) 26 ILJ 2221 (LC) (10 June 2005)

Court

Labour Court

Case number

C22/2005

Judge

Pillay D

The Labour Court dismissed an appeal against deregistration of a trade union, holding that the applicant had long failed to meet LRA reporting and record-keeping duties.

• Trade Union Deregistration
• Failure To Comply With Statutory Requirements
• Appeal Procedure Under Lra
• Application Of Paja
• Costs Order Against Union Official
• Trade-union-deregistration