Nhlapho and Others v Sasol Mining Ltd

Several hundred employees of Sasol Mining Ltd were dismissed in January 2009 following their participation in an underground sit-in on 22 and 23 January 2009 at various shafts across Sasol’s coal mining operations. The sit-in followed earlier unauthorised marches on 19 January 2009, after which shop stewards were suspended. The workers remained underground after their shifts ended, congregating mainly at shaft bottom areas, and refused to surface. Sasol contended that the conduct constituted an unprotected strike and posed serious mine safety risks, including methane build-up, roof collapse, and interference with cage operations, which prevented subsequent shifts from going underground. The employees alleged that the sit-in was not provoked, that they complied with union leadership advice to surface once an interdict was granted, that management failed to engage recognised worker leadership, and that dismissal was an inappropriate sanction despite the seriousness of the misconduct.

The dismissals of the applicants were found to be substantively unfair; dismissal was held to be an inappropriate sanction for participation in the sit-in.

The case is significant for clarifying the approach to sanction in cases of unprotected strike action in high-risk industries such as mining. It underscores that even serious misconduct involving safety risks does not automatically justify dismissal, and that courts must carefully weigh mitigation, proportionality, and the employer’s conduct, including engagement with worker leadership.