Sibanye lifts lock-out after Solidarity threatened court action

14 March 2022

Solidarity welcomed the decision of Sibanye-Stillwater to lift the lock-out of Solidarity members. This followed after Solidarity's members were informed last week that they, together with other striking union members, would be prohibited from entering the workplace, despite the fact that Solidarity and its members had already reached a wage settlement with Sibanye-Stillwater.

Solidarity says although they are pleased with the outcome, it is a pity that they were forced to approach the courts simply to force Sibanye-Stillwater to make the right decision. 

“Sibanye-Stillwater’s actions of the past week took place in bad faith and indicated a weak approach to labour relations: Firstly, Solidarity’s members were locked-out after accepting the wage offer and despite confirmation by Sibanye-Stillwater’s chief negotiator that this would not happen; secondly, the illegal lock-out was implemented prematurely; and thirdly, Sibanye tried to gain more time by advancing questionable arguments in the legal proceedings,” Gideon du Plessis, Solidarity’s chief negotiator, said. “We are, of course, grateful for this outcome, but to have locked-out members of a trade union not involved in any dispute was and is totally unacceptable, and it has created unnecessary tension between the parties, causing trauma among our members”.

According to Solidarity, Sibanye-Stillwater will now have to apply itself to regain the trust of its loyal employees and to create a spirit of cooperation that will be essential for future relations and the sustainability of the mining house.

“The actions over the past few weeks are typical of a company that has lost its moral compass towards its loyal employees. Through its deeds Sibanye has shown a lack of respect for the ideals that our legal system seeks to promote with regard to the relations between workers, trade unions and employers. However, our members are always ready to give their best to the company. The onus is now on Sibanye to demonstrate that the company would show the same level of commitment to its employees. Sibanye’s lifting of the lock-out will be made an order of the court on Wednesday, and Solidarity will now be able to bury the hatchet in the hope that a settlement would soon be reached with the striking unions too,” Du Plessis concluded.

Issued by Riaan Visser, Deputy General Secretary: Mining, Agriculture and Chemical Industry, 14 March 2022