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GroundUp reports that the Labour Appeal Court (LAC) ruled on Monday that members of the National Education, Health and Allied Workers’ Union (Nehawu) who do not perform essential work or work for certain agencies can continue their wage strike.
Nehawu went to the court to appeal against the 6 March judgment of Judge André van Niekerk in the Labour Court which permitted the execution of an interdict granted by the same court on 4 March. A full bench of the LAC found that the government had not “established exceptional circumstances and irreparable harm”. They replaced Judge van Niekerk’s order with an order specifically excluding essential workers and staff of the Special Investigating Unit, the SA Social Security Agency and the SA National Botanical Institute from participation in Nehawu’s strike. The three agencies are not covered by the bargaining council process. The effect of the judgment is that apart from essential and excluded workers, Nehawu members are permitted to strike, pending a decision on an appeal of the original interdict, which has yet to be heard. The LAC had harsh words for the union, the government and the police. It said that Nehawu, which had issued a strike notice that was “intentionally broad and recklessly so”, had “illustrated a flagrant disregard for the law, the employer and the people of this country entitled to access essential public services”. The judges condemned the incidents of violent and intimidatory conduct that have marred Nehawu’s strike action. But they said these acts did not invalidate the right to strike. The judges were also highly critical of the SA Police Service, calling its failure to act when confronted with criminal behaviour “extraordinary”.
- Read the full original of the report in the above regard by James Stent & Liezl Human at GroundUp
Get other news reports at the SA Labour News home page