An independent arbitrator might have to be appointed to decide on the Sibanye-Stillwater worker strike that has lasted three months.
On Wednesday, National Union of Mineworkers regional secretary Bonginkosi Mrasi said they would have to apply for a section 150A of the Labour Relations Act with the Commission for Conciliation, Mediation and Arbitration (CCMA) should the current mediation process between parties fail to reach an agreement.
Parties met again on Wednesday after failing to agree on terms to end the strike during Monday’s meeting.
Mrasi said they would not back down from their demands for a 6% wage increase but the unions would try to keep an open mind during engagements.
He said workers had been badly affected by the no work, no pay policy, adding that they could not afford to keep up with payments for school fees, insurance policies and vehicle instalments.
“We are in a struggle and the workers understand that we are fighting for the betterment of their lives,” Mrasi said.
Director and labour law specialist Sandile July said the more time it took for parties to resolve the dispute the higher the risks of job and revenue losses, adding that a section 150A would be the next step.
He said section 150 A also gave minister of employment and labour Thulas Nxesi authority to direct the director of the commission to establish an advisory arbitration panel in the public interest.
Sibanye-Stillwater spokesperson James Wellsted blamed the unions for the stalemate.
Wellsted accused the unions of misleading the workers, using the situation to maintain their relevance in the mining sector.
“Unions are trying to preserve their existence but unfortunately workers are the ones who bear the brunt,” he said.
A similar strike unfolded at the company in 2019, lasting for five months.
Wellsted said the strike was an example of how long things could draw out if parties did not find middle ground.
“We are concerned about the wellbeing of our workers but we will [not] be bullied by the unions,” he said.
Wellsted said the wage demands were not sustainable and could in fact cause future job losses while affecting the economy negatively.
Spokesperson for the department of employment and labour Teboho Thejane said Nxesi’s intervention in terms of the legislature would depend on how processes unfolded between the parties involved.
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