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Solidarity served process upon Absa last week in the ongoing battle regarding the banking giant’s controversial retrenchment process. The trade union has demanded since April that the bank consult with it in terms of the Labour Relations Act and Absa’s current retrenchment policy regarding its members who were affected by the retrenchment process and is now going to court in a bid to force the bank to meet with its demand.

In April, Absa employees were notified by e-mail that they would be retrenched and Solidarity members at the bank approached the trade union for help. According to Johan Kruger, spokesperson for Solidarity, sections 189 and 189A of the Labour Relations Act stipulate that employers must first consult with the relevant trade unions before carrying out any retrenchments. Moreover, Absa’s current retrenchment policy clearly stipulates that the company must consult with registered trade unions whose members will be affected by the retrenchment process.

Meanwhile, Absa rejected Solidarity’s demand to be included in the consultations, saying it would consult with Sasbo, the majority union at the bank, only. “Solidarity members at Absa who received notice of their retrenchment did not receive a section 189 notice to formally notify them of the retrenchments. What’s more, they were not involved in a consultation process regarding the retrenchments, as required by the Act and the bank’s current retrenchment policy,” said Kruger.

Solidarity members had the opportunity to apply for other positions at Absa during a three-month period. Several members’ applications were unsuccessful, however. The case will be resumed on 3 October 2012 in the labour court.