Sasol Mining is still awaiting the final outcome of the Labour Appeal Court
“We are still in dispute about the list and number of those dismissed employees with Sasol,” he said.
SECUNDA – Sasol appealed to the Labour Appeal Court after the initial Labour Court ruled that the employees’ dismissal was substantially unfair and Sasol was ordered to reinstate them last year.
Mr Basheer Waglay, Judge President of the Labour Appeal Court and the Labour Court, gave the legal representatives of both Sasol and the employees who were dismissed by Sasol Mining in 2009 a time to try and settle their dispute outside of court before he can deliver judgement.
These former employees were dismissed following their involvement in an underground sit-in which took place on 22 and 23 January 2009.
Judge R Lagrange of the Labour Court ruled that in so far as applicants were dismissed for their participation in unprotected strike action, their dismissals were substantively unfair but procedurally fair.
He ordered that Sasol reinstate the employees.
The court ruled that all the applicants (former employees) who are entitled to retrospective reinstatement in terms of the order above, must tender their services within 45 days of the date of the order.
Payment of compensation to those applicants entitled to such payment must be made within 30 calendar days of the date of the order.
Sasol was ordered to pay the applicants’ costs. However, the former employees were disappointed when they arrived at Sasol to tender their services, because they were denied access by Sasol Security on Tuesday, 8 October last year.
Only their leaders were allowed to enter Sasol and met with Sasol’s security management.
In the meeting, the former employees led by Mr Victor Mabuyakhulu were given a letter from Sasol’s legal team, Cliffe Dekker Hofmeyr (CDH), stating they have instructions that their client is intending to appeal the matter and that they will file the necessary notices in due course.
The letter stated that the former employees should note that the appeal will suspend the judgement of the Labour Court.
The legal team stated in the letter their client (Sasol) will not accept the former employees tendering of their services at Brandspruit.
Mr Abner Magagula, secretary of the Shosholoza Workers Union, said they received information from their lawyer about the meeting with Sasol before the Easter weekend and that Judge Waglay said the parties should try to settle their dispute outside of court.
“We are still in dispute about the list and number of those dismissed employees with Sasol,” he said.
Sasol Mining is still awaiting the outcome of the Labour Appeal Court sitting that took place on Wednesday, 24 March. No judgement has yet been delivered.
Due to Covid-19 protocols, Sasol made arrangements for its representatives in the matter, as well as complainants, to observe the court proceedings online from the Sasol Secunda Club on 24 March.
“The venue was made available to enable observation of the court proceedings online, said Ms Matebello Motloung, group media relations, communication and band manager, though Ms Motloung didn’t want to divulge much on the issue of a settlement between the two parties.
