Main Agreement Extension: NEASA Files Petition at Constitutional Court.

MEIBC
MAIN AGREEMENT EXTENSION
NEASA FILES PETITION AT
CONSTITUTIONAL COURT 

Dear Steel Industry employer

As previously communicated, both the Labour Court and the Labour Appeal Court dismissed NEASA’s application for leave to appeal the judgement of the Labour Court which dismissed NEASA’s application to interdict the extension of the MEIBC Consolidated Main Agreement (‘the agreement’), pending the review of the Council’s decision to request the minister to extend the agreement to non-parties.

The Labour Court also effectively dismissed NEASA’s review grounds despite the fact that the review was not before the Court to consider.

NEASA has now filed a petition at the Constitutional Court for leave to appeal the judgement of the Labour Court in order for the review to be heard afresh.

• the Labour Court was only required to determine the application for an interim interdict, pending the determination of a review (Part A of the Notice of Motion before the Labour Court), however, the Court dismissed the related review application (Part B) as well. The review application was neither ripe for hearing, nor set down for hearing by any party, nor allocated to the judge for hearing, nor argued before the judge; and
• the judgements or rulings by the Labour Court and Labour Appeal Court constitute a fundamental breach of NEASA’s right of access to courts in terms of section 34 of the Constitution.

We believe that the judgement of the Labour Court was a grave miscarriage of justice, which should be corrected.

We will keep members abreast of developments in this regard.

Regards

For more information:
NEASA Media Department
media@neasa.co.za