Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010)
Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010) [2010] ZALCJHB 346 (3 August 2010)
The court held that the noting of an appeal against the Registrar's decision to de-register a trade union does not suspend the effect of de-registration. Section 106(3) of the Labour Relations Act is clear that all rights enjoyed by a trade union as a result of registration end upon de-registration. The transitional provisions in Schedule 7 of the LRA reinforce that cancellation takes effect unless an appeal is lodged, and even then, the rights are not revived until the appeal is successful. The court found that while a de-registered union may continue to recruit members and negotiate with em…
Source excerpt
- Trade Union De Registration
- Organizational Rights
- Interdict
- Effect Of Appeal On Administrative Decision