COURT STOPS BANKS ‘SYMPATHY’ STRIKE

MBABANE – The intended ‘sympathy’ strike by employees of all banks in the country, which was slated for today, has been interdicted by the court.

Employees of all banks in the country had vowed to down tools today to join their Nedbank counterparts who are demanding a 10 per cent cost of living adjustment.
The stoppage of the strike action comes after the banks (except for Nedbank) yesterday moved an urgent application in the Industrial Court, where they were seeking an order interdicting the intended strike action or work stoppage called by SUFIAW. The banks which moved the application consisted of the Central Bank of Swaziland, Swaziland Development & Savings Bank, Swaziland Building Society, First National Bank (FNB) Swaziland and Standard Bank.
Industrial Court Judge Dumisani Mazibuko yesterday ordered that the ‘sympathy’ strike intended by SUFIAW should not proceed today until the finalisation of the matter.

The urgent application was moved on behalf of the banks by lawyer Banele Gamedze from Musa M Sibandze Attorneys.
Gamedze argued that the matter was urgent because it was now clear that even after advice that there was no legal basis for the strike action, and further request to SUFIAW to commit that such strike action would not take place, no response had been availed to the banks.

In his founding affidavit, Central Bank of Swaziland Assistant Governor, Mfan’fikile Dlamini, mentioned that SUFIAW issued a notification through the Times of Swaziland stating that on August 18, 2018, they were intending on embarking on a ‘sympathy’ strike action.

Dlamini said this meant the banks’ employees who were members of SUFIAW were to down tools in support of a lawful strike involving Nedbank employees.
He told the court that pursuant to notification, through the offices of Musa M Sibandze Attorneys, caused to be written a letter to the respondent (SUFIAW) advising that the intended ‘sympathy’ strike action was unlawful and would be in contravention of the Industrial Relations Act.

According to the assistant governor, SUFIAW was advised and/or asked to give a response to the letter, on whether they were proceeding with the strike action or not. He said no such response was given to the affected banks.
“May I state that there is no dispute pending between the applicants and the respondents that has been certified unresolved by the commissioner under the auspices of CMAC,” submitted Dlamini.

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