Sections
Home   About Us | Contacts | Services | Media Desk | Tenders | Vacancies
Site Map
Personal tools
You are here: Home Legislation Acts Labour Relations Read online Amended Labour Relations Act
     Department of Labour Fraud line-08600 22 194   Southern African Development Community  BRICS Business Council
 
Document Actions

Amended Labour Relations Act

by lloyd last modified 2010-08-26 04:46

103. Winding-up of trade unions or employers' organisations

Labour Relations Act (No. 66 of 1995 )
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and  Amendment - Labour Relations Act 2002

Chapter 6 : Trade Unions And Employers' Organisations


Part A : Registration And Regulation Of Trade Unions And Employers' Organisations


103. Winding-up of trade unions or employers' organisations

(1)           The Labour Court may order a trade union or employers' organisation to be wound up if-

(a) the trade union or employers' organisation has resolved to wind-up its affairs and has applied to the Court for an order giving effect to that resolution; or

 

(b) the registrar or any member of the trade union or employers' organisation has applied to the Court for its winding up and the Court is satisfied that the trade union or employers' organisation, for some reason that cannot be remedied is unable to continue to function.

 

(1A)  If the registrar has cancelled the registration of a trade union or employers’ organisation in terms of section 106(2A), any person opposing its winding up is required to prove that the trade union or employers’ organisation is able to continue to function.

 

(1)           If there are any persons not represented before the Labour Court whose interests may be affected by an order in terms of subsection (1), the Court must-

 

(a) consider those interests before deciding whether or not to grant the order applied for; and

 

(b) if it grants the order applied for, include provisions in the order disposing of each of those interests.

 

(2)           In granting an order in terms of subsection (1), the Labour Court may appoint a suitable person as liquidator, on appropriate conditions.

 

(3)            

(a) The registrar of the Labour Court must determine the liquidator's fees.

 

(b) The Labour Court, in chambers, may review the determination of the registrar of the Labour Court.

 

(a) The liquidator's fees are a first charge against the assets of the trade union or employers' organisation.

 

(4)           If, after all the liabilities of the trade union or employers' organisation have been discharged, any assets remain which cannot be disposed of in accordance with the constitution of that trade union or employers' organisation, the liquidator must realise those assets and pay the proceeds to the Commission for its own use.

 

(5)            

(a) The Labour Court may direct that the costs of the registrar or any other person who has brought an application in terms of subsection (1)(b) be paid from the assets of the trade union or employers’ organisation.

 

(b) Any costs in terms of paragraph (a) rank concurrently with the liquidator’s fees.


<<Table of Contents



Copyright ©2019 The South African Department of Labour:
Home | Disclaimer | PAIA | Privacy PolicyWebmaster