Retail and Allied Workers Union v Registrar of Labour Relations, Department of Labour and Another (J2686/07) [2012] ZALCJHB 89; (2012) 33 ILJ 2149 (LC) (12 March 2012)
Court
Labour Court Johannesburg
Case number
J2686/07
Judge
Mokoena
The Labour Court found that the Registrar of Labour Relations failed to properly consider the Applicant's representations before exercising the discretion to deregister the union under section 106(2A) of the Labour Relations Act. The Registrar acted on grounds that were not properly ventilated, some of which were added after the initial notice and were not due at the time of the decision. The Registrar did not provide the Applicant with sufficient detail or supporting documents to enable meaningful response, and failed to apply his mind to the representations that were submitted, either befor…
National Entitled Workers Union (NEWU) v Ministry of Labour and Others (JA 84/2010) [2011] ZALAC 31; (2012) 33 ILJ 2585 (LAC) (29 September 2011)
Court
Labour Appeal Court
Case number
JA 84/2010
Judges
Davis, Mlambo, Mocumie
The Labour Appeal Court upheld the deregistration of NEWU, finding it was not operating as a genuine trade union and that the Registrar acted lawfully.
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)
Court
Labour Appeal Court
Case number
JA 93/2010
Judges
Davis, Mlambo, Mocumie
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…
National Entilted Workers Union (NEWU) v Commission for Conciliation, Mediation and Arbitration and Others (JR1002/05) [2010] ZALCJHB 42 (22 October 2010)
Court
Labour Court Johannesburg
Case number
JR1002/05
Judge
Molahlehi
The court held that the order granted by Broster AJ, which stayed the execution of NEWU's deregistration pending the outcome of its appeal, remains valid and binding as it has not been set aside. Consequently, NEWU retains the right to represent itself and its members in terms of section 161 of the Labour Relations Act, despite its deregistration. The court found that the order was broad and unconditional, and that neither the Minister of Labour nor any other respondent had sought to challenge or rescind it. The principle that an appeal does not automatically suspend deregistration was affirm…
United Peoples' Union of South Africa (UPUSA) v CCMA and Others (J984/10) [2010] ZALCJHB 344 (21 October 2010)
Court
Labour Court Johannesburg
Case number
J984/10
Judge
Molahlehi
The court held that the Labour Relations Act does not provide for the automatic suspension of the Registrar's decision to deregister a trade union upon the lodging of an appeal. The common law principle that an appeal suspends a judgment does not apply to administrative decisions under the LRA unless expressly provided. The court emphasized that administrative decisions remain valid until set aside and that unions seeking suspension must approach the court and demonstrate prejudice and prospects of success. The court found no reasonable prospect that another court would reach a different conc…
United Peoples Union of South Africa ("UPUSA") v Commission for Conciliation, Mediation and Arbitration and Others (J984/10) [2010] ZALC 150 (21 October 2010)
Court
Labour Court
Case number
J984/10
Judge
Molahlehi
The court held that the Labour Relations Act does not provide for the automatic suspension of the Registrar's decision to deregister a trade union upon the lodging of an appeal. The common law principle that an appeal suspends a judgment does not apply to administrative decisions under the LRA. The court reasoned that allowing automatic suspension would frustrate the objectives of the LRA, particularly the need for accountability and protection of union members. The proper remedy for a union seeking suspension pending appeal is to approach the court for an order, demonstrating prejudice and p…
Commission for Conciliation, Mediation and Arbitration v Registrar of the labour Relations and Others (J984/10) [2010] ZALC 110; [2010] 11 BLLR 1151 (LC) ; (2010) 31 ILJ 2886 (LC) (27 July 2010)
Court
Labour Court
Case number
J984/10
Judge
Molahlehi
The Labour Court held that an appeal against a trade union's de-registration does not automatically suspend the Registrar's decision under the LRA.
