Description

The employer may apply in writing to the essential services committee for a determination that the whole, or a part of the employer's business or service is a maintenance service.

A service is a maintenance service if the interruption of that service has the effect of material of physical destruction to any working area, factory or machinery.

Any other interested parties may, within 21 days of receipt of this application, send a response to the Essential Service.

Steps to follow

• Apply to the Essential Service of the Commission for Conciliation Mediation and Arbitration (CCMA)
• Fill the LRA form 4.3 and send it to the Essential Services Committee at the CCMA
• A copy of this form must be served on the other party. Provide proof that a copy of the form has been served by attaching:
  • a copy of the registered slip from the Post Office
    
  • a copy of a signed receipt, if the form was hand delivered
    
  • a signed statement by the person delivering the form, confirming that the form was delivered
    
  • a copy of a fax confirmation slip or any other satisfactory proof.

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 75(2)

Service standard

There is no time frame, it depends on the party applying for 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.)

The employer must apply for maintenance service determination by completing Form LRA 4.3

Contact details

CCMA call centre number: 0861 16 16 16