LRM3701
October/November
Due 31 October 2024
, 1. Strike Action Analysis
Analyze whether the employees involved in the underground sit-in at Sibanye’s
Kroondal platinum mine participated in a strike action.
The underground sit-in at Sibanye-Stillwater’s Kroondal mine by over 200 miners
protesting unpaid Employee Share Option Schemes (ESOPs) payments constitutes a
form of strike action, albeit an unconventional one. Under South African labour law, a
strike is typically defined as "a partial or complete refusal to work" by employees as a
means of expressing a grievance or making a demand. Given this definition, the
underground sit-in meets several criteria of a strike (Labour Relations Act, 1995).
The actions of the miners align with characteristics of strike action, as they withdrew
from their regular duties and instead staged a protest underground. However, it is
crucial to note that the action was deemed illegal, as it did not follow the procedural
requirements set out in the Labour Relations Act, such as notifying management or
allowing for negotiation (Grogan, 2019).
Ultimately, their behaviour reflects an "unprotected" strike under South African labour
law, as it was not sanctioned by union procedures or notice requirements (LRA, Section
64). The sit-in aimed to push for ESOP payments by using the disruption as leverage in
their demands, aligning with the general intent of a strike. However, without official union
endorsement or adherence to legal procedures, the strike's legality remains contested.
2. Negotiation Tactic
Explain which negotiation tactic would you link to the employees' behaviour in the case
study?
The employees' underground sit-in reflects a "hard bargaining" tactic. Hard bargaining
involves using pressure tactics to compel the other party—in this case, Sibanye
management—to meet their demands. By organizing a sit-in, the employees escalated
the situation to bring attention to their grievances over the ESOP payments, aiming to
leverage the company's dependence on their labor to gain negotiation ground.
October/November
Due 31 October 2024
, 1. Strike Action Analysis
Analyze whether the employees involved in the underground sit-in at Sibanye’s
Kroondal platinum mine participated in a strike action.
The underground sit-in at Sibanye-Stillwater’s Kroondal mine by over 200 miners
protesting unpaid Employee Share Option Schemes (ESOPs) payments constitutes a
form of strike action, albeit an unconventional one. Under South African labour law, a
strike is typically defined as "a partial or complete refusal to work" by employees as a
means of expressing a grievance or making a demand. Given this definition, the
underground sit-in meets several criteria of a strike (Labour Relations Act, 1995).
The actions of the miners align with characteristics of strike action, as they withdrew
from their regular duties and instead staged a protest underground. However, it is
crucial to note that the action was deemed illegal, as it did not follow the procedural
requirements set out in the Labour Relations Act, such as notifying management or
allowing for negotiation (Grogan, 2019).
Ultimately, their behaviour reflects an "unprotected" strike under South African labour
law, as it was not sanctioned by union procedures or notice requirements (LRA, Section
64). The sit-in aimed to push for ESOP payments by using the disruption as leverage in
their demands, aligning with the general intent of a strike. However, without official union
endorsement or adherence to legal procedures, the strike's legality remains contested.
2. Negotiation Tactic
Explain which negotiation tactic would you link to the employees' behaviour in the case
study?
The employees' underground sit-in reflects a "hard bargaining" tactic. Hard bargaining
involves using pressure tactics to compel the other party—in this case, Sibanye
management—to meet their demands. By organizing a sit-in, the employees escalated
the situation to bring attention to their grievances over the ESOP payments, aiming to
leverage the company's dependence on their labor to gain negotiation ground.
