EOHCB and Bargaining Council lodge court application against Government

Following Government’s failure to publish the Sector-specific Regulations for the Personal Care Sector under Alert Level 3, the EOHCB (Employers Organisation for Hairdressing Cosmetology Beauty) and the National Bargaining Council have lodged an application at the Pretoria High Court.

The court date is scheduled for Tuesday, 23 June 2020 at 10h00.

On 15 June, ENCA reported that Small Business and Development Minister Khumbudzo Ntshavheni says government could open the sit-down restaurant and personal care services under what it calls Advanced Level 3. Ntshavheni says the decision could be taken once the Medical Advisory Council gives them the go-ahead. To listen to the interview click here

However hopeful this sounds, it’s worth nothing that in the past few weeks, there have been several stories about the imminent opening of the personal sector that have come to nothing.

In the meantime, on 12 June, management at UASA, The Union, sent its members an SMS update on their engagement with government. It reads: “After extended and urgent discussions with Government via Fedusa regarding the pending opening of the Personal Care sector, it was positively concluded late yesterday afternoon. It is our belief that the Personal Care sector will be back in operations within 10 days.”

An EOHCB and National Bargaining Council statement regarding their court application reads as follows: The purpose of the court application is to:

• Review and set aside such parts of the Regulations published on 28 May 2020 in terms of the Disaster Act that postulates that Personal Care Services, including hairdressing, beauty treatments, make-up and nail salons and piercing and tattoo parlours, be excluded.

• Order to publish regulations replacing the impugned provisions to provide for Personal Care Services to be rendered during Alert Level 3.

• Those personal care services as defined in the scope of the Main Collective Agreement of the National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skincare Industry, may be rendered by employers, sole proprietors and employees that are registered with the National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skincare Industry.

• The rendering of Personal Care Services be restricted to Personal Care Services that are rendered in an establishment as defined in the scope of the National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skincare Industry and specifically excluding the informal sector.

• Allow employers, sole proprietors and employees that are registered with the National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skincare Industry, pending the publishing of the amended regulations, be allowed to, with immediate effect, render, cause to render and be engaged in the rendering of Personal Care Services, as defined in the scope of the Main Collective Agreement of the National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skincare Industry, in establishments.

It is declared that the impugned provisions:

• Materially and adversely affects the rights of employers, sole proprietors and employees that render personal care services,

• Are not rational; and

• Are invalid and unconstitutional and brings about an unjustified limitation of fundamental rights.