South Africa Case Law

National Education Health and Allied Workers Union obo Members v Essential Services Committee and Others (JR1269/2020)

National Education Health and Allied Workers Union obo Members v Essential Services Committee and Others (JR1269/2020) [2025] ZALCJHB 88; (2025) 46 ILJ 1232 (LC) (5 March 2025)

Court

Labour Court Johannesburg

Case number

JR1269/2020

Judge

Daniels

The Labour Court granted condonation but dismissed NEHAWU’s review of an Essential Services Committee ruling about strike limits in an Electoral Commission minimum services agreement.

• Essential Services
• Minimum Services Agreement
• Jurisdiction Of Esc
• Strike Limitation
• Condonation
• Statutory Interpretation

Witkoppen Health & Welfare Centre v NEHAWU and Others (J552/18)

Witkoppen Health & Welfare Centre v NEHAWU and Others (J552/18) [2018] ZALCJHB 202 (21 June 2018)

Court

Labour Court Johannesburg

Case number

J552/18

Judge

B Whitcher

The Labour Court confirmed an interim interdict against a strike only for employees doing essential healthcare and welfare work, following an ESC ruling.

• Essential Services
• Right To Strike
• Interim Interdict
• Minimum Services Agreement
• Essential-services
• Right-to-strike

Eskom Holdings Ltd v National Union of Mineworkers and Others (840/2010)

Eskom Holdings Ltd v National Union of Mineworkers and Others (840/2010) [2011] ZASCA 229; 2012 (2) SA 197 (SCA); [2012] 1 All SA 278 (SCA); [2012] 3 BLLR 254 (SCA); (2011) 32 ILJ 2904 (SCA) (30 November 2011)

Court

Supreme Court of Appeal

Case number

840/2010

Judges

Brand, Van Heerden, Cachalia, Leach, Seriti

The Supreme Court of Appeal held that disputes over the terms of a minimum services agreement in an essential service are not disputes that may be referred to the CCMA for conciliation and arbitration under section 74 of the Labour Relations Act. The determination of essential services and the terms of minimum services agreements is a function entrusted exclusively to the Essential Services Committee (ESC) under sections 70, 71, 72, and 73 of the Act. An arbitration award under section 74 cannot be ratified as a collective agreement under section 72, as a collective agreement requires consens…

Source excerpt

• Essential Services
• Minimum Services Agreement
• Jurisdiction Of Ccma
• Collective Agreements
• Right To Strike
• Statutory Interpretation