NEASA to approach Constitutional Court

As previously communicated, the Labour Appeal Court (LAC), without providing any reasons, has denied NEASA’s petition for Leave to Appeal the judgement of the Labour Court which dismissed NEASA’s application to interdict the Minister of Employment and Labour from extending the MEIBC’s Consolidated Main Agreement (‘the Agreement’) to non-parties.

After consultation with our legal team, the decision was taken to petition the Constitutional Court for Leave to Appeal the judgement. This petition will be filed early in 2023.

The LAC’s judgement is not the end of the road. 

This fight is far from over and employers should not lose hope. All avenues have not yet been exhausted.

Employers are therefore advised not to implement the Agreement until the matter has been determined by the Constitutional Court, but to, in the interim, apply for exemption from the provisions of the Agreement - if they have not already done so. 

Employers who wish to apply for exemption can contact their regional NEASA office in this regard.

We will keep members abreast of developments.