Legal updates and opinions
News / News
Essential Services Committee Notice
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney
On 10 July 2020 the Essential Services Committee (“ESC”) published a notice in terms of section 71, read with section 70(2)(a), of the Labour Relations Act 66 of 1995 (“LRA“) (“Notice“). In summary, the Notice provides as follows:
- Notice is given that the ESC is in the process of conducting an investigation, in terms of section 71(B)(1)(d) of the LRA, as to whether the following services are essential:
1.1 Nutrition/ feeding services at schools;
1.2 Laundry services in privately owned old age homes;
1.3 Maintenance Services in the Aviation industry;
1.4 Ports and Marine Services;
1.5 Private Security Services; and
1.6 Private Health Services.
- Notice is given that an investigation, in terms of section 71(9) of the LRA, on the possible variation of the following designation as an essential service:
2.1 Key Point Computer Systems.
- The ESC will hear oral representations as follows:
3.1 Date: 18 August 2020 in Johannesburg
Venue: Commission for Conciliation, Mediation and Arbitration (“CCMA“) Offices, 28 Harrison Street, 8th floor
Sector: Ports and Marine Services @ 10:00
Private Health Services @ 10:00
Private Security Services @ 12:00
Maintenance Services in the Aviation industry @ 12:00
Laundry services in privately owned old age homes @ 13:00
Nutrition/ feeding services at schools @ 14:00
Key Point Computer Systems @ 14:00
3.2 Date: 19 August 2020 in Durban
Venue: CCMA Offices, 275 Anton Lembede Street, Embassy House
Sector: Ports and Marine Services @ 10:00
Private Health Services @ 10:00
Private Security Services @ 12:00
Maintenance Services in the Aviation industry @ 12:00
Laundry services in privately owned old age homes @ 13:00
Nutrition/ feeding services at schools @ 14:00
Key Point Computer Systems @ 14:00
3.3 Date: 21 August 2020 in Cape Town
Venue: CCMA Offices, 78 Darling Street
Sector: Ports and Marine Services @ 10:00
Private Health Services @ 10:00
Private Security Services @ 12:00
Maintenance Services in the Aviation industry @ 12:00
Laundry services in privately owned old age homes @ 13:00
Nutrition/ feeding services at schools @ 14:00
Key Point Computer Systems @ 14:00
3.4 Date: 24 August 2020 in Bloemfontein
Venue: CCMA Offices, Cnr Elizabeth & West Burger Streets
Sector: Ports and Marine Services @ 10:00
Private Health Services @ 10:00
Private Security Services @ 12:00
Maintenance Services in the Aviation industry @ 12:00
Laundry services in privately owned old age homes @ 13:00
Nutrition/ feeding services at schools @ 14:00
Key Point Computer Systems @ 14:00
3.5 Date: 28 August 2020 in Port Elizabeth
Venue: CCMA Offices, 97 Govan Mbeki Avenue
Sector: Ports and Marine Services @ 10:00
Private Health Services @ 10:00
Private Security Services @ 12:00
Maintenance Services in the Aviation industry @ 12:00
Laundry services in privately owned old age homes @ 13:00
Nutrition/ feeding services at schools @ 14:00
Key Point Computer Systems @ 14:00
- Any interested party requiring an opportunity to make oral representations must:
4.1 Indicate its intention to do so, in writing, to the ESC on or before 03 August 2020 (to either SibusisoL@CCMA.org.za or to fax: 086 660 6132);
4.2 State the nature of the interest in the investigation;
4.3 State whether it relies or intends to rely on any expert evidence, and if so, provide a brief summary of that expert evidence; and
4.4 Specify its address, telephone and telefax numbers and e-mail contact address.
The ESC will convene an information sharing session regarding the above investigations on the 24th of July 2020 @ 10:00 at the CCMA National Office 28 Harrison Street. Attendance at the session must be confirmed by no later than the 20th of July 2020 to SibusisoL@ccma.org.za.
The Notice may be accessed at: https://www.gov.za/sites/default/files/gcis_document/202007/43514gen374.pdf.
Latest News
Is an unfair dismissal claim subject to prescription? If so, does the referral of a dispute to the ccma for conciliation interrupt the running of prescription?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Are claims for unfair dismissal subject to the Prescription [...]
The definition of “worker” in the national minimum wage bill
By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney The Department of Labour has [...]
Regulations on national minimum wage exemptions
By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney The National Minimum Wage Bill [...]
The right to a fair hearing trumps the contract of employment
By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney ISSUE Can an employee be [...]
Automatically unfair dismissals versus legitimate dismissals for operational requirements: the importance of the ‘true reasons’ for the dismissal
By: Jacques van Wyk, Director, Andre van Heerden, Senior Associate and, Unathi Jukuda, Candidate Attorney ISSUE Whether, in dismissing employees, the [...]
Corroborative evidence is required to establish intoxication
By: Jacques van Wyk, Director, Andre van Heerden, Senior Associate and, Unathi Jukuda, Candidate Attorney ISSUE Whether an employer can dismiss [...]
