Reopening Update: EOHCB Files Court Papers, Positive News from UASA

Update on the industry organisations engagement with government

UASA SMS

On Friday 12 June, UASA sent Union members an sms update on their engagement with government, as follows:

After extended and urgent discussions with Government via Fedusa regarding the pending opening of the Personal Care sector, it was positively concluded yesterday afternoon late. It is our believe that the Personal Care sector will be back in operations within 10 days, thank you for your patience. UASA management.

EOHCB UPDATE ON THIS, AND COURT APPLICATION DETAILS

On Thursday 11 June, EOHCB filed court papers as per their detailed statement below. On Friday 12 June, EOHCB gave their members an update on the UASA engagement as follows:

Dear EOHCB member,

The EOHCB wishes to reassure our members that we will continue with the court case lodged yesterday morning, until the regulations are indeed published due to a previous self imposed deadline by Government was not adhered to.

We noted with satisfaction and expectation the 10 day self imposed deadline communicated by UASA The union to it's members this morning.

Kind Regards,

The EOHCB Team.

Details on the EOHCB Court Application

An application has been lodged by the attorney of the EOHCB and National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skincare Industry yesterday, 11 June 2020, in the Pretoria High Court.

The purpose of the 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 effects 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.

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

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