CASE STUDY 2: Amplats dismissed 643 workers at Mototolo Mine following an unprotected strike
Anglo America Platinum [JSE:AMS] has dismissed 643 employees – half of its underground workforce – at Mototolo Mine near Burgersfort in Limpopo following an unprotected strike.
The mining group, in an update to shareholders on Monday, said the General Industrial Workers Union of South Africa (Giwusa) declared a strike on May 9 [2019] over medical benefits. The following day, Amplats said it was granted a court interdict against a strike.
Amplats said requests to return to work were ignored and the group was "left with no option but to dismiss about 50% of Mototolo Mine’s underground workforce".
Dismissed employees have until May 21 [2019] to appeal the decision.
"Anglo American Platinum is disappointed by the conduct of the union and its members at a time in which socio-economic pressures continue to detrimentally impact the sector and employment is so scare," it said in a statement.
Impact on production was "minimal" and the platinum mining group says it is exploring the option to ensure that the mine recommences full production.
Source: Jan Cronje, Fin 24. 20 May 2019.
QUESTION 5 (Total: 10 Marks)
Was the employer in the case study within their right to dismiss the employees who were engaging in the strike? Fully explain your answer by also referring to relevant labour legislation. (3 Marks)