31 January 2025
‘The whole or any part of the population’: The definition of an essential service
By Grant Doble, Jeremy Phillips
On 8 October 2024, the Labour Court handed down judgment in ArcelorMittal South Africa Ltd v National Union of Metalworkers of South Africa. The applicant, ArcelorMittal, sought to review and set aside an essential services designation that its blast furnaces and coke batteries do not constitute an essential service. The issue concerned the meaning of the phrase “the whole or any part of the population” as it is stated in the definition of Essential Service in the LRA.
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