Labour Court dismisses Amcu’s interdict against Sibanye retrenchment process


JOHANNESBURG, March 18 – The Labour Court on Monday dismissed the application made by the Association of Mineworkers and Construction Union (Amcu) to interdict the Section 189A consultation process at the miner’s gold operations in South Africa.

Earlier this month, Amcu approached the Labour Court seeking to interdict Sibanye from initiating the consultation process with relevant stakeholders which would result in the possible restructuring of its gold operations which might affect more than 6,600 workers.
Sibanye said last month that the restructuring process was as a result of ongoing financial losses experienced at the Beatrix 1 in Free State and Driefontein 2,6,7,8 shafts in Gauteng during the 2018 financial year.
Neal Froneman, Sibanye chief executive, said contemplating potential restructuring of this nature was never taken lightly and the miner was aware of the possible impact on its employees.
“As we said when we announced the S189, we have consistently highlighted the operational and financial risks associated with the underperformance of the affected shafts at future forum meetings, which have been held regularly with stakeholders (including the unions) in an attempt to collectively find ways to address on-going losses,” Froneman said.
“Attempts to jointly devise viable alternative measures, have however been unsuccessful so far. The S189 process commenced on 14 February 2019, and we urge Amcu and other stakeholders to participate in this process, so that we can jointly find ways to mitigate possible job losses at the operations.”
About 15,000 workers affiliated to Amcu are still on a prolonged strike that began on 22 November 2018 at Sibanye’s gold operations.
On Friday Amcu was dealt another blow when the Labour Court interdicted the union’s secondary strike action at platinum and coal sectors in support of the gold operations strike. (ANA)