National Education Health and Allied Workers Union v Minister for Trade, Industry and Competition and South African Bureau of Standards

The National Education Health and Allied Workers Union (NEHAWU) brought an application in terms of section 189A(13) of the Labour Relations Act 66 of 1995 (LRA) against the South African Bureau of Standards (SABS), a public entity established under the Standards Act 2008. SABS, experiencing significant financial and operational difficulties, issued a section 189(3) notice on 10 March 2021 indicating contemplated retrenchments based on operational requirements and initiated a facilitated consultation process under section 189A. Several facilitation meetings were held. NEHAWU alleged that the consultation process was unfair, a sham, and in breach of both sections 189 and 189A of the LRA as well as the parties’ recognition agreement. It sought declaratory, interdictory, and coercive relief to halt retrenchments and compel compliance with a fair procedure. SABS opposed the application, raising points in limine regarding urgency and prematurity, and denying any procedural unfairness.

The application was dismissed. The applicant was ordered to pay the costs of the proceedings, including the costs of senior counsel.

The judgment clarifies the timing and purpose of applications under section 189A(13) of the LRA, affirming the Labour Court’s real-time supervisory role over retrenchment consultations. It reinforces that section 189A(13) is not a tactical tool to frustrate retrenchments but a mechanism to address genuine procedural failures, and emphasises the importance of good-faith participation in facilitated consultation processes.