PETITION FOR LEAVE TO APPEAL DISMISSED
HOWEVER, NOT THE END OF THE ROAD
Dear Steel Industry employer
As previously communicated, NEASA filed a petition at the Constitutional Court for leave to appeal the Labour Court’s earlier decision to dismiss an application to interdict the MEIBC from requesting the Minister of Employment and Labour to extend the Collective Main Agreement to non-parties.
The petition was essentially based on the fact that the Labour Court decided on issues that were never before it and which were never argued. This infringed on NEASA’s constitutional right of access to courts.
The Constitutional Court has now issued a ruling in which it dismissed NEASA’s petition on the basis that the appeal has become “moot”. This is however not the end of the road.
The fact that the Constitutional Court dismissed the matter on mootness only, simply means that the matter has, in the Court’s view, become academic as the Minister has already extended the Agreement. However, as the Constitutional Court made no decision on the merits of the appeal, it remains open to NEASA to argue the merits afresh in the review application to set aside the decision by the Minister to extend the Agreement to non-parties.
It remains NEASA’s view that the decisions by both the MEIBC and the Minister are fraught with irregularities which, if allowed to remain unchallenged, will have dire consequences for the Industry.
The review against the Minister is already at an advanced stage and we will keep employers abreast of developments in this regard.
For more information:
NEASA Media Department