Description

An essential service refers to a service which, if interrupted, would endanger or inconvenience the life or the health of people.

During strike action, any party to a dispute about either of the following issues may refer the dispute in writing to the essential services committee

• whether or not a service is an essential service
• whether or not an employee or employer is engaged in a service designated as an essential service.

The party who refers the dispute to the essential services committee must make sure that a copy of referral has been served on all the other parties to the dispute. The essential services committee must determine the dispute as soon as possible.

Parliamentary services, the South African Police Service and Health service are essential services.

Steps to follow

• Complete the application form, LRA4.2, Referring disputes for determination as an essential service.
  Attach a copy of the current certificate of accreditation to the application form.
• Serve a copy of this form on the other disputing party.
• Supply proof that a copy of the application form has been served on the other party by attaching:
  • a copy of a registered slip from the Post Office
  • a copy of a signed receipt if the copy was hand delivered
  • a signed statement from the person who delivered the form
  • a copy of a fax confirmation slip; or any other satisfactory proof of service.
• Send the completed form to the Essential Services Committee, care of the Commission for Conciliation Mediation and Arbitration (CCMA).

Legal framework

(Documents are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

Labour Relations Act, 1995 (Act 66 of 1995), Section 70(3)

Service standard

It will depend on the parties declaring the services as essential services.

Cost

The service is free.

Forms to complete

(Forms are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

Referring disputes for determination as an essential service, Form LRA 4.2

Contact details