trending Market Intelligence /marketintelligence/en/news-insights/trending/OignS2ZPbj0V5wNiuWBUaw2 content
Log in to other products

Login to Market Intelligence Platform

 /


Looking for more?

Contact Us

Request a Demo

You're one step closer to unlocking our suite of comprehensive and robust tools.

Fill out the form so we can connect you to the right person.

If your company has a current subscription with S&P Global Market Intelligence, you can register as a new user for access to the platform(s) covered by your license at Market Intelligence platform or S&P Capital IQ.

  • First Name*
  • Last Name*
  • Business Email *
  • Phone *
  • Company Name *
  • City *
  • We generated a verification code for you

  • Enter verification Code here*

* Required

Thank you for your interest in S&P Global Market Intelligence! We noticed you've identified yourself as a student. Through existing partnerships with academic institutions around the globe, it's likely you already have access to our resources. Please contact your professors, library, or administrative staff to receive your student login.

At this time we are unable to offer free trials or product demonstrations directly to students. If you discover that our solutions are not available to you, we encourage you to advocate at your university for a best-in-class learning experience that will help you long after you've completed your degree. We apologize for any inconvenience this may cause.

In This List

Sibanye strike 'remains protected' after court decision, union says

Essential Metals & Mining Insights - August 2020

State of the Market: Mining Q2-2020

Report Outlooks of Lithium and Cobalt

Essential Metals & Mining Insights July 2020


Sibanye strike 'remains protected' after court decision, union says

A feud over the legality of a monthlong strike at Sibanye Gold Ltd.'s gold operations in South Africa remains unresolved after a Dec. 21 court decision to have an independent group assess the situation.

The decision was a temporary victory for the Association of Mineworkers and Construction Union, or AMCU, giving it legal legs to continue the strike that began Nov. 21.

"AMCU members' constitutional right to strike remains protected," the union said in Dec. 21 news release, noting that the court also put Sibanye on the hook for legal costs.

But the court did not put the dispute to bed.

Sibanye had sought to have the court declare the strike illegal and, by extension, allow it to impose a wage agreement on AMCU workers. Sibanye contends that a majority of union members favor its wage agreement, giving it the right to call an end to the strike under labor laws, while the AMCU has questioned Sibanye's count of union rolls.

Here, the court did not make a final decision.

Sibanye spokesperson James Wellsted told S&P Global Market Intelligence that the court ordered South Africa's Commission for Conciliation, Mediation and Arbitration to oversee a review of union membership and report back to it by Jan. 7, 2019, after which it would make a ruling.

The order for greater scrutiny of union membership leaves unanswered the question of whether Sibanye has the majority it claims. South African labor laws under section 23(1)(d) of the Labor Relations Act allow employers with the support of a majority of union members to enforce collective agreements over the rest of its workers.

Earlier in December, Sibanye cited the law in demanding AMCU workers return to their jobs Dec. 15 or face the possibility of disciplinary action, including being fired. AMCU ignored the demand, dismissing the count of union numbers.

Wellsted stood by Sibanye's figures, saying, "We are confident in the numbers from our initial membership verification process." He also said Sibanye's dependence on section 23(1)(d) to enforce the wage agreement "remains a strong possibility."

The AMCU, which could not be reached for comment, said in its statement that the process of verifying members excluded the union and was "inherently unfair."