National Bargaining Council For Road Freight and Logistics Industry v Deyzel NO (D236/2020) [2023] ZALCD 7 (31 August 2023)

National Bargaining Council For Road Freight and Logistics Industry v Deyzel NO (D236/2020) [2023] ZALCD 7 (31 August 2023)

The court held that the arbitrator correctly interpreted the certificate of registration, finding that storage activities only fall within the bargaining council’s scope if they are ancillary or incidental to transportation of goods by road. Since Intermodal does not perform transportation of goods, its storage...

Source-derived case information.

Citation
[2023] ZALCD 7
Parties
Applicant: National Bargaining Council for the Road Freight and Logistics Industry; Respondent: Commissioner A Deyzel N.O.; Respondent: The CCMA; Respondent: Intermodal Cargo Solutions (Pty) Ltd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
31 August 2023
Case Number
D236/2020
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Application for review dismissed; declaratory relief refused; no order as to costs.
Judges
GN Moshoana
Legal Topics
Demarcation Dispute, Interpretation of Collective Agreement, Excess of Power, Consultation With Nedlac, Review of Arbitration Award
Labour Law Civil Procedure Demarcation Dispute Interpretation of Collective Agreement Excess of Power Consultation With Nedlac Review of Arbitration Award

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Summary, issues, holding and outcome

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Parties

National Bargaining Council for the Road Freight and Logistics Industry

Applicant

Commissioner A Deyzel N.O.

Respondent

The CCMA

Respondent

Intermodal Cargo Solutions (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the arbitrator correctly interpreted the certificate of registration of the bargaining council.
  2. 2 Whether failure to consult with NEDLAC before making the arbitration award constituted excess of power.
  3. 3 Whether declaratory relief should be granted regarding the scope of the bargaining council.

Ratio Decidendi

The court held that the arbitrator correctly interpreted the certificate of registration, finding that storage activities only fall within the bargaining council’s scope if they are ancillary or incidental to transportation of goods by road. Since Intermodal does not perform transportation of goods, its storage activities do not support such transportation and thus do not fall within the registered scope. The court further found that consultation with NEDLAC was not required in this instance because no written representations were called for and the dispute did not seek to alter the terms or scope of registration. The application for review was dismissed, and the request for declaratory...

Court Disposition

Application for review dismissed; declaratory relief refused; no order as to costs.

Orders

  • The application for review is dismissed.
  • The application for declaratory relief is refused.