Oliphant ‘acted unfairly’ in moving Crouse

LABOUR Minister Mildred Oliphant has been embarrassed yet again after the Labour Appeal Court instructed her to reinstate Johan Crouse as labour registrar.

In its judgment yesterday, the labour court in Johannesburg found the minister had acted unfairly and unlawfully when she moved Crouse to an old position in 2015, following a disagreement over his attempt to de-register a noncompliant Cosatu union.

The court said Oliphant failed to apply her mind in a fair and objective manner when she removed Crouse from the critical role.

The minister accused Crouse of neglecting to inform her that he had placed the Chemical, Energy, Paper, Printing and Allied Workers’ Union (Ceppawu) under administration after it failed to submit audited financial statements for a period of five years.

But in the judgment, the three appeals judges presiding over the matter said Oliphant’s stance and rationale behind reversing Crouse’s role were baseless.

They said, in accordance with the Labour Relations Act, Crouse had no obligation or duty to brief Oliphant as he was exercising his functions as prescribed in his role.

They recommended that Crouse be reinstated, saying this was the ultimate remedy to the long-lasting stand-off between the two parties.

Despite the long-awaited court victory, Crouse was still doubtful he has reached the end of his battle with the minister.

The Federation of Unions of South Africa has welcomed the court’s decision.

General secretary Dennis George said this was a signal that Oliphant has no jurisdiction when it comes to the work of the Labour Registrar as cited in the Labour Relations Act.

The minister’s spokesperson, Sithembele Tshwete, said the minister’s lawyers were studying the judgment and would respond in due course.