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Total Brite Star Service Station CC v Enspa Trading Company (Pty) Ltd and Others (1661/2021) [2023] ZAECELLC 14 (6 June 2023)
Leave to appeal was refused in a dispute over whether an appeal under the Petroleum Products Act suspended site and retail licences.
National Entitled Workers Union (NEWU) and Another vs Director Commission for Conciliation Mediation and Arbitration and Others (JA 93/2010) [2011] ZALAC 10; [2011] 9 BLLR 861 (LAC); (2011) 32 ILJ 2095 (LAC) (30 May 2011)
The Labour Appeal Court held that the common law rule of automatic suspension of execution upon noting an appeal does not apply automatically to administrative decisions such as the deregistration of a trade union under section 106 of the Labour Relations Act. The statutory purpose of section 106 is to protect vulnerable workers from exploitation by non-genuine unions. Automatic suspension would frustrate this purpose by allowing continued exploitation pending lengthy appeals. Instead, the court must exercise discretion, considering factors such as irreparable harm, prejudice to parties, publ…
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