South Africa Case Law

Simunye Workers Forum v Registrar of Labour Relations (J 1375/2022)

Simunye Workers Forum v Registrar of Labour Relations (J 1375/2022) [2023] ZALCJHB 191; (2023) 44 ILJ 2021 (LC); [2023] 10 BLLR 1071 (LC) (21 June 2023)

Court

Labour Court Johannesburg

Case number

J 1375/2022

Judge

Van Niekerk

The Labour Court upheld an appeal against refusal to register Simunye Workers Forum as a trade union, finding its constitution compliant and the registrar’s approach too rigid.

• Trade Union Registration
• Genuineness Requirement
• Freedom Of Association
• Independence Of Trade Unions
• Constitutional Interpretation
• Trade-union-registration

Association of Private Security Owners of South Africa v Registrar of Labour Relations (C688/19)

Association of Private Security Owners of South Africa v Registrar of Labour Relations (C688/19) [2021] ZALCCT 68 (20 September 2021)

Court

Labour Court Cape Town

Case number

C688/19

Judge

Rabkin-Naicker

The Labour Court dismissed an appeal against refusal to register TAPSOSA as an employers' organisation, finding the Registrar was entitled to doubt its genuineness.

• Registration Of Employers Organisations
• Genuineness Requirement
• Procedural Fairness
• Ministerial Guidelines
• Section 95 Lra
• Section 96 Lra

Commercial Mining and Allied Workers Union v Registrar of Labour Relations (J1732/10)

Commercial Mining and Allied Workers Union v Registrar of Labour Relations (J1732/10) [2011] ZALCJHB 232 (13 August 2011)

Court

Labour Court Johannesburg

Case number

J1732/10

Judge

Francis

The court found that the appellant failed to comply with the statutory requirements for registration as a trade union under section 95 of the Labour Relations Act. The appellant did not provide sufficient evidence of functioning as a trade union, including proof of paid-up membership, a bank account, or a physical address. The founding meeting and minutes were unreliable, and the employment status of key individuals was questionable. The inability to provide required documentation was not solely due to external constraints but indicated a lack of genuine organizational activity. The Registrar…

Source excerpt

• Trade Union Registration
• Genuineness Requirement
• Labour Relations Act
• Organizational Rights
• Collective Bargaining