Refer dispute to determine essential services

An employer may apply to the Essential Services Committee (ESC) of the Commission for Conciliation, Mediation and Arbitration (CCMA) to determine whether the business is an essential service.

An essential service refers to a service which, if interrupted, would endanger or inconvenience the life or the health of people e.g. hospitals and police services.

In order for these employees rendering essential services to embark on a strike, they need to have a minimum service agreement (MSA) or minimum service determination (MSD). Any party to a dispute about the following issues may refer it 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.

Complete form LRA4.2 - Referring disputes for essential services determination and send it to the CCMA.

Find out more about the Essential Services Committee's work or contact the CCMA.

 

Call centre: 0861 16 16 16

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