Workforce Group (Pty) Ltd v Van Zyl NO and Others (D1131/2012)
Workforce Group (Pty) Ltd v Van Zyl NO and Others (D1131/2012) [2015] ZALCD 16; (2015) 36 ILJ 2182 (LC) (20 February 2015)
The court held that section 62 of the LRA is designed for demarcation disputes, specifically to determine whether parties fall within the scope of a bargaining council or collective agreement. The applicant's challenge was not a demarcation dispute but rather a legality challenge to the collective agreement, which cannot be entertained under section 62. The applicant failed to properly refer a demarcation dispute to the CCMA or challenge the Ministerial extension of the agreement. The arbitrator correctly dismissed the section 62(3A) application, and any irregularity in reasoning did not rend…
Source excerpt
- Collective Agreement Enforcement
- Demarcation Dispute
- Section 62 Lra
- Review Of Arbitration Award
- Costs Award
- Ultra Vires Challenge