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Court order restrains clothing company from relocating
15 Sep '09
2 min read
The Southern African Clothing & Textile Workers' Union (SACTWU) has informally been advised that Tern Sportswear, a clothing company in Isithebe in KZN, was in the process of moving its machinery and other equipment to Lesotho.
There has been no consultation with the trade union regarding this matter, as is required by the provisions of the Labour Relations Act. The trade union has accordingly approached the Durban Labour Court earlier today with an urgent application to interdict the company from doing so. We have just received the outcome of our Labour Court application. The Court has ruled in our favour and has interdicted the company from proceeding with its plans.
The Honourable Madam Justice Pillay has ordered as follows: that Tern Sportswear is interdicted and restrained from removing any of its assets, machinery or equipment from its premises; that the Sheriff is directed to make an inventory of all assets, machinery and equipment currently situated at the company premises and to place such goods under attachment and that the officials and shop stewards of the union are authorised to assist the Sheriff in compiling such an inventory.
The company was ordered to show cause on 26 November 2009 why a final order restrictingit from moving its assets should not be granted by the Court. The Respondent (Tern Sportswear) was ordered to pay the union's legal costs in this matter.
SACTWU welcomes this decision and hope that it acts as a deterent to other companies who might wish to embark on similar intentions but to rather encourage them to respect the due consultation requirements of the Labour Relations Act in cases like these.
There has been no consultation with the trade union regarding this matter, as is required by the provisions of the Labour Relations Act. The trade union has accordingly approached the Durban Labour Court earlier today with an urgent application to interdict the company from doing so. We have just received the outcome of our Labour Court application. The Court has ruled in our favour and has interdicted the company from proceeding with its plans.
The Honourable Madam Justice Pillay has ordered as follows: that Tern Sportswear is interdicted and restrained from removing any of its assets, machinery or equipment from its premises; that the Sheriff is directed to make an inventory of all assets, machinery and equipment currently situated at the company premises and to place such goods under attachment and that the officials and shop stewards of the union are authorised to assist the Sheriff in compiling such an inventory.
The company was ordered to show cause on 26 November 2009 why a final order restrictingit from moving its assets should not be granted by the Court. The Respondent (Tern Sportswear) was ordered to pay the union's legal costs in this matter.
SACTWU welcomes this decision and hope that it acts as a deterent to other companies who might wish to embark on similar intentions but to rather encourage them to respect the due consultation requirements of the Labour Relations Act in cases like these.
Southern African Clothing and Textile Workers Union - SACTWU
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