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ARTICLE · 12 MARCH 2013

The Right To Strike: Essential Services And Minimum Service Agreements

Werksmans Attorneys
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The Labour Relations Act, 66 of 1995, ("LRA") has been in the spotlight recently in regard to the recent communications from government that it is considering designating the education sector as an essential service.

South AfricaEmployment and HR
Bradley Workman-Davies
Bradley Workman-Davies
Sandile July
Sandile July

The Labour Relations Act, 66 of 1995, ("LRA") has been in the spotlight recently in regard to the recent communications from government that it is considering designating the education sector as an essential service. This has created a source of tension between government and the education sector unions in regard to teachers' right to strike.

The right to strike is a constitutional right afforded to all employees in terms of section 23(2)(c) of the Constitution of the Republic of South Africa, 108 of 1996 ("the Constitution"), however, the LRA does contemplate restrictions on the right to strike in respect of those employees who are engaged in essential services.

A service or industry or any part thereof may be designated as an essential service by the Essential Services Committee ("ESC"), established in terms of section 70 of the LRA. The ESC is tasked with designating a service, or any part of a service as an essential service, after conducting an

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