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Labour Law [2012] ZALCJHB 170

Mageu Number One (Pty) Ltd v UPASA obo Members and Others (JR936/10)

Mageu Number One (Pty) Ltd v UPASA obo Members and Others (JR936/10) [2012] ZALCJHB 170; (2013) 34 ILJ 2048 (LC) (27 December 2012)

The court found that the Commissioner committed a material error of law by holding that the appeal lodged by UPUSA suspended the effect of its deregistration. The law is clear that deregistration is not suspended by an appeal under section 111 of the LRA. Mr Luthuli, knowing that UPUSA was deregistered, continued to act as its representative in the proceedings, which was improper. The Labour Court, under section 162(3) of the LRA, has the power to award costs against a non-party who represented a party in proceedings. Mr Luthuli's conduct justified a personal costs order against him, jointly…

  • Costs Against Non Party
  • Trade Union Deregistration
  • Arbitration Review
  • Section 162 Lra
  • Section 111 Lra
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