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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter VI : Trade Unions and Employers' Organisations

Part A : Registration and Regulation of Trade Unions and Employers' Organisations

103A. Appointment of administrator

 

 

(1) The Labour Court may order that a suitable person, who may be a Commissioner, be appointed to administer a trade union or employers’ organisation on such conditions as the Court may determine if the—
(a) Court is satisfied that it is just and equitable to do so; and
(b) trade union or employers’ organisation has resolved that an administrator be appointed and has applied to the Court for an order to give effect to that resolution; or
(c) registrar has applied to the Court to appoint an administrator.

 

(2) Without limiting the generality of subsection (1)(a), it may be just and equitable to make an order in terms of subsection (1) if—
(a) the trade union or employers’ organisation fails materially to perform its functions; or
(b) there is serious mismanagement of the finances of the trade union or employers’ organisation.

 

(3) 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 consider their interests before deciding whether or not to grant the order.

 

(4)

(a) The registrar of the Labour Court must determine the administrator’s fees.
(b) The Labour Court, in chambers, may review the determination of the registrar of the Labour Court.
(c) The administrator’s fees will be paid as an expense of the trade union or employers’ organisation.

 

(5) The Labour Court may, on the application by the trade union, employer’s organisation or registrar—
(a) vary or amend any prior order made in terms of this section; or
(b) if it is satisfied that an administrator is no longer required, terminate the appointment of the administrator, on appropriate conditions.

 

[Section 103A inserted by section 16 of Act No. 6 of 2014]