Psa of SA obo Crouse v Minister of Labour (J1511/15) [2015] ZALCJHB 340 (5 October 2015) per AT Myburgh AJ.
The Labour Court set aside the Minister’s decision after finding that:
- the impugned decision constitutes administrative action and that a PAJA review is thus available to Mr Crouse; alternatively, the impugned decision constitutes the exercise of a public power and is subject to legality review;
- in arriving at the impugned decision, the Minister ignored materially relevant facts, namely the ministerial submission of 15/16 July 2015;
- the consequence of this is that the impugned decision was unreasonable, alternatively irrational; and procedurally unfair; and
- the impugned decision thus falls to be set aside on review, and Mr Crouse reinstated into the position of the Registrar of Labour Relations.
Now reported: [2016] 1 BLLR 68 (LC)
Headnote:
Registrar of Labour – Designation as – Registrar powers conferred directly by LRA and not subject to delegation by Minister – Minister purporting to withdraw Registrar’s delegation pursuant to her powers of delegation – Withdrawal ultra vires, irrational and unfair.
Now reported (2016) 37 ILJ 185 (LC).