Cape Global Construction And Engineering Training Center (Pty) Ltd v Building Industry Bargaining Council (Cape of Good Hope) (C 408/16) [2016] ZALCCT 19 (15 July 2016)

Cape Global Construction And Engineering Training Center (Pty) Ltd v Building Industry Bargaining Council (Cape of Good Hope) (C 408/16) [2016] ZALCCT 19 (15 July 2016)

The court found that the applicant established a prima facie right to relief, as the respondent's agents acted beyond the bounds of lawfulness by attempting to procure registration of the applicant's employees with the respondent and making representations regarding their entitlement to benefits. The court held that, pending the outcome of the demarcation dispute, the respondent has no authority to require such registration or to disrupt the applicant's operations at NMC sites. The urgency was justified by the ongoing nature of the harm and the respondent's refusal to provide an undertaking. The relief sought was narrowly tailored to restrain only unlawful conduct, not the respondent's...

Citation
[2016] ZALCCT 19
Parties
Applicant: Cape Global Construction And Engineering Training Center (Pty) Ltd; Respondent: Building Industry Bargaining Council (Cape of Good Hope)
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
15 July 2016
Case Number
C 408/16
Procedural Posture
Urgent Application / Interim Interdict Pending Demarcation Dispute
Outcome
Interim interdict granted in favour of the applicant; respondent to pay costs.
Judges
Van Niekerk
Legal Topics
Demarcation Dispute, Interim Interdict, Collective Agreements, Site Inspections, Unlawful Harassment
Labour Law Civil Procedure Demarcation Dispute Interim Interdict Collective Agreements Site Inspections Unlawful Harassment

Case Brief

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Parties

Cape Global Construction And Engineering Training Center (Pty) Ltd

Applicant

Building Industry Bargaining Council (Cape of Good Hope)

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Demarcation Dispute

Legal Issues

  1. 1 Whether the respondent's agents acted unlawfully during site inspections at NMC sites pending the demarcation dispute.
  2. 2 Whether the applicant is entitled to interim relief restraining the respondent from procuring registration of its employees with the respondent.
  3. 3 Whether the matter is urgent and warrants immediate intervention.

Ratio Decidendi

The court found that the applicant established a prima facie right to relief, as the respondent's agents acted beyond the bounds of lawfulness by attempting to procure registration of the applicant's employees with the respondent and making representations regarding their entitlement to benefits. The court held that, pending the outcome of the demarcation dispute, the respondent has no authority to require such registration or to disrupt the applicant's operations at NMC sites. The urgency was justified by the ongoing nature of the harm and the respondent's refusal to provide an undertaking. The relief sought was narrowly tailored to restrain only unlawful conduct, not the respondent's...

Court Disposition

Interim interdict granted in favour of the applicant; respondent to pay costs.

Orders

  • Pending the final determination of the demarcation dispute before the CCMA, the respondent and its agents are interdicted and restrained from victimising or singling out the applicant's employees during site inspections at NMC sites.
  • The respondent and its agents are interdicted from informing the applicant's employees that they cannot be registered with the MEIBC or that they are obliged to register with the respondent.