Labour Relations Act, 1995 (Act No. 66 of 1995

Chapter IV : Strikes and Lock—outs

73. Disputes about minimum services and about whether a service is an essential service

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[Section 73 heading substituted by section 14(a) of Act No. 6 of 2014]

 

(1) Any party to a dispute about one or more of the following issues may refer the dispute in writing to the essential services committee—
(a) whether or not a service is an essential service;
(b) whether or not an employee or employer is engaged in a service designated as an essential service;
(c)whether or not the employer and a registered trade union or trade unions representing employees in the essential service should conclude a collective agreement that provides for the maintenance of minimum services in that service; and

[Section 73(1)(c) inserted by section 14(c) of Act No. 6 of 2014]

(d)the terms of such a collective agreement.

[Section 73(1)(d) inserted by section 14(c) of Act No. 6 of 2014]

[Section 73(1) substituted by section 14(b) of Act No. 6 of 2014]

 

(2) The party who refers the dispute to the essential services committee must satisfy it that a copy of the referral has been served on all the other parties to the dispute.

 

(3) The essential services committee must determine the dispute as soon as possible.