Sasol Mine Limited v Nhlapo and Others

Approximately 950 employees of Sasol Mine Limited participated in a planned and coordinated unprotected strike between 21 and 23 January 2009 across ten underground coal mine shafts near Secunda. The strike took the form of underground and surface sit-ins, allegedly motivated by employees’ belief that they were entitled to a ‘bonanza’ payment of about R9,000, which Sasol denied ever agreeing to pay. The strike caused serious safety risks, including interference with mandatory methane and safety patrols, and significant economic harm due to halted mining operations. Multiple ultimata were issued, an interdict was obtained, and after disciplinary hearings 636 employees were dismissed. The Labour Court later found the dismissals substantively unfair and ordered reinstatement, prompting Sasol’s appeal to the Labour Appeal Court.

The appeal succeeded. The Labour Appeal Court set aside the Labour Court’s finding of substantive unfairness and reinstatement order, and upheld the dismissals as procedurally and substantively fair.

The case affirms the strict approach taken to unprotected strikes in high-risk environments such as mining, clarifies that off-duty conduct can still constitute strike action, and emphasises that employers are not required to persist in engagement where union structures actively frustrate attempts to resolve unlawful industrial action.