The applicant employer applied under section 65(2) of the Labour Relations Act, 1995 to terminate the responding party union's bargaining rights.
The union brought a motion to dismiss the application for failing to disclose a prima facie case.
The Board found that the union had not slept on its rights and was making efforts to bargain, despite unsmooth negotiations.
Applying the principle that section 65(2) is to be used as a shield and not a sword, the Board granted the motion and dismissed the employer's application.
