Sasol and Solidarity CCMA update
14 June 2018
Sasol and Solidarity held a further conciliation hearing today with the Commission for Conciliation, Mediation and Arbitration (CCMA) on a dispute by Solidarity regarding Tier 2 of the Sasol Khanyisa employee share ownership plan (ESOP) by designated employee groups.
The conciliation hearing followed earlier CCMA hearings by the two parties held on 9 and 25 May 2018. This followed an initial referral of a discrimination dispute to the CCMA by Solidarity that it subsequently withdrew.
At the conciliation hearing, Sasol and Solidarity could not reach agreement to settle the dispute. As such, the Commissioner issued a certificate of non-resolution. This outcome means that Solidarity could embark on a protected strike after giving Sasol 48-hours’ notice. A certificate of non-resolution does not imply that Solidarity is correct nor that Sasol is wrong on this dispute. The CCMA outcome means that middle ground could not be found on Tier 2 of Sasol Khanyisa ESOP. It gives permission to Solidarity to withdraw labour and protest in a safe manner.
Both parties will reconvene on 4 July 2018 to establish picketing rules that would apply in the event of a strike. At this stage, Sasol has not yet received a strike notice from Solidarity.