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South Africa Case Law

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Labour Law [2023] ZALCCT 26

University and Allied Workers Union v Registrar of Labour Relations and Another (C222/2023)

University and Allied Workers Union v Registrar of Labour Relations and Another (C222/2023) [2023] ZALCCT 26 (23 May 2023)

Court
Labour Court Cape Town
Case number
C222/2023
Judge
Moshoana

The court found that the applicant met the requirements for an urgent interim interdict to stay the de-registration pending the outcome of the statutory appeal. The de-registration would cause irreparable harm to the applicant, including loss of statutory council membership and bargaining power, which could not be remedied by re-registration. The court rejected the respondent's argument that prospects of success on appeal were a requirement for a stay, holding that the test is whether real and substantial justice requires a stay. The authority challenge was dismissed as not properly raised. T…

Source excerpt

  • Trade Union De Registration
  • Interim Interdict
  • Urgent Application
  • Statutory Appeal
  • Collective Bargaining Rights
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Labour Law [2010] ZALCJHB 346

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)

Court
Labour Court Johannesburg
Case number
J1072/2010
Judge
AC Basson

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
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.