National Union of Mineworkers v Essential Services Committee and Others (JR 1147/16)
National Union of Mineworkers v Essential Services Committee and Others (JR 1147/16) [2019] ZALCJHB 82 (10 April 2019)
The Labour Court found that the ESC had developed and applied a legally sound test for determining minimum services, consistent with constitutional, statutory, and international standards. The ESC considered the evidence and submissions, including job profiles and operational needs, and reasonably concluded that the five Human Resources positions at Eskom are critical to maintaining essential services and public safety. NUM's approach, seeking to exclude all such positions from minimum services, was inconsistent with prior agreements and the integrated nature of Eskom's operations. The ESC's…
Source excerpt
- Minimum Services Determination
- Essential Services
- Right To Strike
- Labour Relations Act
- Review Under Section 158
- Promotion Of Administrative Justice Act