Photo: David Meiklejohn / Flickr
Photo: David Meiklejohn / Flickr
The judges have spoken in the Labour Court, and they have ruled in favour of Business Unity South Africa. Their decision to outlaw the bank strike means that between 40 000 – 50 000 employees in the financial sector will no longer take to the streets in protest on Friday, eliminating the potential to disrupt major cities and banking processes.
Court rules that the #BankingStrike would be illegal if it goes ahead and COSATU is interdicted from organising and taking part in the strike.
— Bulelani Phillip (@BulelaniPhillip) September 26, 2019
There were strikes planned in Cape Town, Johannesburg, Bloemfontein, Port Elizabeth and Durban. But instead of downing tools and marching through the metros, workers have been left with little choice but to stay put at their desks and branches. So, where do we go from here? We’ve answered a few of the burning questions:
Bank strike ruled illegal – what happens next?
Does this mean it has been cancelled?
In the eyes of the law, yes. But Cosatu and Sasbo still have the option of forging ahead with industrial action. They have been interdicted and told not to encourage or entice any protest action related to the bank strike. This should serve as a deterrent – as the unions will face further legal action should they ignore the law. But Cosatu have gone rogue before.
Why have the judges moved to outlaw the bank strike?
At the heart of Busa’s argument on Wednesday was whether the original application for such a large bank strike – initially filed in 2017 – could still be seen as valid after such a long time in waiting. They claim that the union’s basis for industrial action has “no merit”, and they can’t just “dust-off” an old Section 77 notice. The Labour Court have agreed:
WATCH | Labour Court rules that the planned #BankingStrike by Sasbo cannot go ahead. #sabcnews pic.twitter.com/fnriJ12GhB
— SABC News Online (@SABCNewsOnline) September 26, 2019
What does this mean for banking services on Friday?
Disruption will be minimised, if not wholly averted. Some rebellious workers may still choose to leave their positions, but it will be nothing like the numbers of 40 000 upwards we’ve previously been quoted.
Your branches will function as normal, and despite a big push from the likes of FNB and Nedbank to convince customers to use mobile and online banking tools on Friday, they will not be stretched to capacity in-branch as previously forecasted. ATM services and card transactions are expected to run smoothly, too.
What happens to employees who go on the bank strike anyway?
Workers would not be supported by the law, and abandoning their posts on a workday could have serious ramifications for them – such as hefty fines or outright dismissal – now the courts have deemed the civil disruptions illegal. In the words of the presiding magistrate, anyone who takes part “will not enjoy the protections of SA’s labour laws”.
