Johannesburg – The National Education Health and Allied Workers Union (NEHAWU) strike for higher wages has been interdicted by the Labour Appeal Court of SA.
The court on Monday said the earlier order of Van Niekerk J issued on 6 March 2023 has been substituted “pending the final determination of the application for leave to appeal and any ensuing appeal”.
The court said the substituted order, to be executed immediately, barred the NEHAWU strike from continuing and ordered the union to inform its members of the development by no later than lunchtime Monday, (13 March 2023).
The order included:-
- 1. The strike action, picket, or any other form of industrial action by NEHAWU, its members and employees who are employed in an essential service, as defined in section 61(1)(d) of the Labour Relations Act 66 of 1995, which commenced on 6 March 2023 is interdicted with immediate effect and NEHAWU and all such essential service employees are restrained and prevented from continuing with or participating in any such strike, picket or any other form of industrial action;
- 2. The strike action, picket, or any other form of industrial action by NEHAWU, its members and employees employed at SASSA, SIU and SANBI which commenced on 6 March 2023 is interdicted with immediate effect and NEHAWU and all such employees are restrained and prevented from continuing with or participating in any such strike, picket or any other form of industrial action. 27
- 3. NEHAWU is ordered to inform its members and officials and all persons to whom it had given notice of the strike in every province, including but not limited to every hospital and clinic in South Africa at which it has members within the essential services, of the order of this Court, through publication on social media, by email and by all other appropriate means available to it, by no later than 13h00 on Monday 13 March 2023.
- 4. This order remains in force until the final determination of the appeal against the order of Tlhothlalemaje J.
