The LC granted an earlier order to prevent the union, its members and office bearers from acting unlawfully during a protected strike.  It was an agreed final order and the following template is based on the order quoted in the judgment.

Robertson Winery (Pty) Ltd v Csaawu (C555/16) [2016] ZALCCT 45 (18 November 2016) per Steenkamp J.

Suggested template of an order

A        The trade union and its members are restrained from:

1   intimidating, harassing, threatening or in any other way interfering with:

  • employees of the [insert details] (employer), whether such employees are employed on a temporary, casual or permanent basis, who wish to work in terms of their contracts of employment;
  • any other persons involved in or connected with the conduct of the employer’s operations, including, but not restricted to, contracted workers employed for purposes of replacement labour;

2   in any way preventing any of the persons referred to in para 1 from gaining access to the employer’s premises at [insert details];

3   in any way preventing any of the persons referred to in para 1 from leaving the premises;

4   in any way interfering with or obstructing the normal operation of the employer’s business, including, but not restricted to, all vehicles entering or leaving the premises, other than in accordance with the picketing rules once agreed or established by the CCMA;

5   in any way damaging or threatening to damage any property of the employer;

6   in any way hindering, hampering, preventing or interfering with the loading, transportation and delivery of any produce of the employer;

7   being at the premises at any time unless tendering their services to perform their employment duties in accordance with their contracts of employment;

8   being within 100 metres of the perimeter of the premises, except to tender their services or to engage in peaceful and orderly picketing;

9   carrying or using weapons, including, but not limited to, pangas, assegais, poles, sticks and bricks;

10   placing or burning tyres or both on the premises; and

11   obstructing all entrances, whether pedestrian or vehicular, on and to the premises.

B         The trade union is restrained from inciting, instigating or promoting any unlawful conduct in contemplation, furtherance or incitement of the strike.

C         Paragraphs A and B shall operate as a final order as agreed between the parties or as ordered by the court.

D         Sheriffs are authorised and directed, and insofar as they may require the assistance of a law enforcement authority, such law enforcement authority is authorised and directed, to ensure that the employees comply with this order.

E        Service of this order shall be effected in the following manner:

  • By email and telefax to the trade union’s offices at [insert details];
  • By the Sheriff of the High Court, or by any deputy, by affixing copies of the order at the main entrances to the premises.