Case Law
CANCELLATION OF EMPLOYERS’ ORGANISATION
Deregistration of employer’s organisation. Registrar deregistering
respondent because no functioning as a genuine employer’s organisation.
Labour Court setting aside deregistration and finding that registrar relying on
unfounded facts and mere rumours. Appeal. Evidence showing that
respondent not a genuine employer’s organisation – respondent a labour
consultancy organisation clothed as an employer’s organisation. Appeal
upheld with costs- Labour Court’s judgment set aside. Respondent
deregistration confirmed.
The Registrar of Labour Relations and Consolidated Associated of Employers of South African Region (CAESAR) – Case no: JA5/13 Read More
GENIUNE EMPLOYERS ORGANISATION
Employer exploiting employers’ organization to give it unlawful and unfair advantage in labour law consulting industry—Not in public interest to enforce restraint
and protect such business.
Labournet Holdings (Pty) Ltd v McDermott & another (2003) 24 ILJ 185 (LC) – Read More
ARBITRATION PROCEEDINGS – SECTION 138(4) OF LRA 1995 – REPRESENTATION
CCMA – Arbitration proceedings—Review of proceedings, decisions and awards of commissioners—Grounds—Exceeding powers—Commissioner ruling that
employers’ organization not permissible representative in terms of s 138(4) of LRA 1995— C Fundamental principle that court have regard to substance not form.
Vidar Rubber Products (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration & others (1998) 19 ILJ 1275 (LC) – Read More
REVIEW OF CCMA GUIDELINES ON REPRESENTATION – ULTRA VIRES
Review of CCMA Guidelines on Representation – Ultra Vires – “Members representing Members”
AHI EMPLOYERS’ ORGANISATION obo MEMBERS and Commission for Conciliation Mediation and Arbitration
Case no: JR 2518/10