Government yesterday suffered yet another defeat in the aftermath of last year's public sector strike when High Court Judge Key Dingake again ruled in favour of unionists who had taken government to court challenging its decision to declare some services essential. Justice Dingake declared Section 49 of Trade Disputes Act, which government relied on for its unpopular decision, unconstitutional and nullified the listing of teachers, among others, as essential service workers.
In the aftermath of last year's industrial action by public servants, the then Minister of Labour and Home Affairs, Peter Siele, introduced Veterinary services, diamond cutting, sorting and selling services, as well as teaching as essential services. Siele reasoned that government was concerned that because some of the services affected by his decision were the backbone of the economy, any prolonged industrial action involving them would have calamitous consequences.
