South Africa: Johannesburg Labour Court, Johannesburg

IN THE LABOUR COURT OF SOUTH AFRICA

(HELD AT JOHANNESBURG)

CASE NO: J1620/2010

In the matter between

GENERAL DOMESTIC AND PROFESSIONAL                                                   1st Applicant

EMPLOYERS ORGANISATION

and

REGISTRAR OF LABOUR RELATIONS                                                         1st Respondent

JUDGMENT

LAGRANGE, J

An order is made in the following terms:

(a)    It is declared that the applicant has no automatic right to the suspension of a decision by the Registrar of Labour Relations to de-register it under the LRA.

(b)    In the exercise of the court’s discretion to regulate its own process, after considering the factors relevant to suspending the Registrar’s decision pending the outcome of the applicant’s appeal against that decision, the cancellation of the applicant’s registration is suspended pending the outcome of the appeal to the Labour Court under section 111 of the LRA, subject to the proviso in paragraph (c) of this order.

(c)    In the event that the applicant does not prosecute its appeal expeditiously, the respondent may approach the court to reconsider the suspension of his decision.

(d)    No order is made as to costs.

The full judgment with reasons will be filed later today and the parties may obtain a copy thereof from the judge’s associate.

ROBERT LAGRANGE

JUDGE OF THE LABOUR COURT

Date of Hearing : 24 August 2010

Date of Judgment: 19 November 2010