REGULATIONS FOR THE ESSENTIAL SERVICES
COMMITTEE
The Labour Relations Act establishes an essential services
committee under the auspices of the Commission for Conciliation,
Mediation and Arbitration. The role of the committee is to:
- Determine whether a service, such as that rendered in a
hospital, is an essential service or not. If a service is defined
as an essential service it means that workers performing that
service do not have the right to strike or take protest action, and
that a dispute of interest must be settled by arbitration.
- Settle disputes over whether a service is an essential service
or not.
- Determine whether or not a service is a maintenance service,
that is, where the interruption of the service would physically
destroy a working area, plant or machinery.
Nedlac nominated the members of the essential services committee
in September 1996, and they were then appointed by the Minister of
Labour. The members are:
- Dhaya Pillay (chairperson), nominated by government.
- Sunil Narian, nominated by labour.
- Professor Kate Jowell, nominated by business.
The essential services committee drafted a set of regulations to
govern the functioning of the committee. These regulations, which
define the functions of the committee and the procedures for
conducting investigations, were agreed by Nedlac on 28 February
1997.
Links:
Media release, "Nedlac's Labour Market
Chamber finalises regulations for the essential services
committee", issued on 28 February 1997.
Full text of the agreement on
regulations for the essential services committee