The Labour Appeal Court dealt with an appeal about whether blast furnace and coke battery operations at ArcelorMittal South Africa were essential services under section 213 of the Labour Relations Act. The court said the risks described were occupational hazards and not matters affecting the whole or any part of the population, and it dismissed the appeal with costs.
This may be relevant to labour law and industrial relations practitioners dealing with essential services and strike-related shutdown issues.
Evidence from source
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: the appeal concerned whether these operations were essential services under section 213.
The harm which is the focus of this dispute is essentially occupational which affects workers on site
Supports: Summary sentence 2: the court treated the risks as occupational hazards.
The appeal is dismissed, with costs.
Supports: Summary sentence 2: the outcome was dismissal of the appeal with costs.