Registrar of Labour Relations v Caesar (Consolidated Association of Employers of SA Region) (JA5/13) [2014] ZALAC 45; [2014] 11 BLLR 1107; (2015) 36 ILJ 182; [2014] JOL 32429 (LAC) (18 September 2014) per Francis AJA [Tlaletsi DJP and  Mokgoatlheng AJA concurring]

Appeal allowed and Labour Court’s judgment set aside and de-registration confirmed.  LAC summary: De-registration of employer’s organisation.  Registrar deregistering respondent because no functioning as a genuine employer’s organisation.  Labour Court setting aside de-registration and finding that registrar relying on unfounded facts and mere rumours.  Appeal.  Evidence showed that respondent not a genuine employer’s organisation – respondent a labour consultancy organisation clothed as an employer’s organisation.

[1] This is an appeal against the judgement and order of the court a quo by Molahlehi J after he upheld an appeal by the respondent – the Consolidated Association of Employers of South African Region (CAESAR) in terms of section 111(3) of the Labour Relations Act 66 of 1995 (the LRA) against the decision of the appellant, the Registrar of Labour Relations (the registrar), to de-register the respondent.  CAESAR de-registered on the basis that it had ceased to be a genuine employer’s organisation.  The appellant granted leave to appeal by the court a quo.