In a recent South African Labour Court decision in the City of
Johannesburg, an employer sought to interdict collective action
undertaken by members of the Democratic Municipal and Allied
Workers Union ("DEMAWUSA") on the basis
that the members provided an essential service as defined in the
Labour Relations Act, 1995 ("LRA") and
that their strike was in contravention of the LRA. DEMAWUSA
accepted that its members were essential services workers but
raised the unusual defence that their actions did not constitute a
strike as defined in the LRA.
City of Johannesburg v Democratic Municipal and Allied
Workers Union of SA and Others: background
The members of DEMAWUSA relevant to this matter were employed by
the City of Johannesburg to provide medical and emergency services
to residents of the City, including ambulance and fire-fighting
duties. In October 2016, DEMAWUSA referred a dispute to the South
Africa Local Government Bargaining Council alleging
