The Labour Appeal Court considered an appeal about whether blast furnace and coke battery operations at ArcelorMittal’s plant were essential services under section 213 of the Labour Relations Act. The court said the risks described were occupational hazards rather than risks to the whole or any part of the population, and dismissed the appeal with costs.
This may be relevant to employers, trade unions and labour practitioners dealing with essential services and strike-related shutdown procedures.
Evidence from source
the ESC determined that the services of blast furnaces and coke batteries form part of the manufacture, production and distribution of steel and cannot be described as essential services.
Supports: Summary sentence 1 about the subject of the appeal.
the risks which flow from the evidence provided by the appellant were correctly classified as occupational hazards as opposed to that which affects the whole or part of the population
Supports: Summary sentence 2 about the court's reasoning.
The appeal is dismissed, with costs.
Supports: Summary sentence 2 about the outcome.