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[2010] ZALCJHB 357
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General Domestic and Professional Employers Organisation v Registrar of Labour Relations (J1620/2010) [2010] ZALCJHB 357 (19 November 2010)
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