Eskom has lodged a mutual interest dispute at the Commission for Conciliation, Mediation and Arbitration over demands made by trade unions during negotiations on Wednesday.
The National Union of Mineworkers (Num) and the National Union of Metal Workers of SA (Numsa) have amended their position on how Eskom should deal with the employees who took part in illegal strikes when negotiations over salaries hit impasses.
According to Eskom, the unions now want the company to agree that their members would not be dismissed, no matter the outcomes of the disciplinary action the company wants to effect or the investigations of sabotage and other criminal acts by the police.
Eskom and unions reached an agreement on wages last week but could not sign the deal due to a deadlock over the disciplinary issues.
By declaring a mutual interest dispute, Eskom wants the CCMA to start an arbitration process into the matter.
The process will not allow for political intervention by public enterprises minister Pravin Gordhan as the unions requested in the past.