During the past several weeks the trade union, SASBO, and the confederation of trade unions, COSATU, have been urging workers within the banking sector to down tools and participate in the intended strike action which was set to take place tomorrow, 27 September 2019.
Social media has also been ablaze with posts encouraging members of the public to withdraw money from ATMs as the automated machines were also set to be affected by the strike.
On Wednesday, 25 September 2019, Business Unity of South Africa (BUSA) approached the Labour Court on an urgent basis to interdict the intended strike.
Today, the Labour Court issued the following orders in favour of BUSA's urgent application. The Court ordered that:
1. The Court could hear the matter on an urgent basis;
2. Any person that partakes in the strike does not enjoy the protection of section 67 of the Labour Relations Act 66 of 1995 ("LRA"). COSATU and SASBO have failed to comply with the provisions of section 77(1) of the LRA.
3. COSATU and SASBO are restricted and restrained from proceeding with and encouraging employees to engage in the intended protest action or any conduct in contemplation or furtherance unless and until such time that they have complied with section 77 of the LRA; and
4. COSATU is directed to advise its affiliates including SASBO and there members that the proposed protest action is unlawful and in breach of section 77 of the LRA.
In light of today's Labour Court outcome, employees within the banking sector will be required to report for work as the intended strike will not enjoy the protection of the LRA.