Workforce Group (Pty) Ltd v Deyzel NO and Others (D495/11 and D02/12) [2014] ZALCD 80; (2015) 36 ILJ 2173 (LC) (10 December 2014)

Workforce Group (Pty) Ltd v Deyzel NO and Others (D495/11 and D02/12) [2014] ZALCD 80; (2015) 36 ILJ 2173 (LC) (10 December 2014)

The court held that a demarcation dispute under section 62 of the LRA does not require prior conciliation, as it is an application rather than a referral. The applicant's jurisdictional challenge was unfounded, and its complaints regarding vagueness and bias were unsupported by the record and prior judicial remarks. The Commissioner correctly determined that the applicant and its employees placed at Neat Packing CC were engaged in the textile sector and subject to the NTBC collective agreement for the duration of their placement. The cost order against the applicant was justified due to its frivolous opposition and delaying tactics. The review applications were dismissed with costs.

Citation
[2014] ZALCD 80
Parties
Applicant: Workforce Group (Pty) Ltd; Respondent: Almeiro Deyzel N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: National Textile Bargaining Council
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
10 December 2014
Case Number
D495/11 and D02/12
Procedural Posture
Review Application / Judgment After Consolidation of Two Review Applications
Outcome
Both review applications are dismissed with costs.
Judges
O Mooki
Legal Topics
Demarcation Dispute, Conciliation Requirement, Temporary Employment Services, Collective Agreement Application, Costs Award, Jurisdiction of Ccma
Labour Law Civil Procedure Demarcation Dispute Conciliation Requirement Temporary Employment Services Collective Agreement Application Costs Award Jurisdiction of Ccma

Case Brief

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Parties

Workforce Group (Pty) Ltd

Applicant

Almeiro Deyzel N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

National Textile Bargaining Council

Respondent

Procedural Posture

Review Application / Judgment After Consolidation of Two Review Applications

Legal Issues

  1. 1 Whether a demarcation dispute under section 62 of the LRA must be preceded by conciliation.
  2. 2 Whether the applicant and its employees placed at Neat Packing CC are engaged in the textile sector and subject to the NTBC collective agreement.
  3. 3 Whether the Commissioner was biased in the conduct of the proceedings.

Ratio Decidendi

The court held that a demarcation dispute under section 62 of the LRA does not require prior conciliation, as it is an application rather than a referral. The applicant's jurisdictional challenge was unfounded, and its complaints regarding vagueness and bias were unsupported by the record and prior judicial remarks. The Commissioner correctly determined that the applicant and its employees placed at Neat Packing CC were engaged in the textile sector and subject to the NTBC collective agreement for the duration of their placement. The cost order against the applicant was justified due to its frivolous opposition and delaying tactics. The review applications were dismissed with costs.

Court Disposition

Both review applications are dismissed with costs.

Orders

  • The review applications in case numbers D495/11 and D02/12 are dismissed.
  • The applicant is ordered to pay the costs of the National Textile Bargaining Council on the highest scale applicable in the magistrate’s court, including the costs of counsel.