Press Statement dated 10 August 2017

The Federations of Unions of South Africa (FEDUSA) and the Insurance and Banking Staff Association (IBSA), an affiliate of FEDUSA in the financial and insurance sectors, has welcomed the ruling by the Conciliation Mediation and Arbitration (CCMA) Commissioner Duduzile Madubanya that it has jurisdiction to arbitrate an organisational dispute between the trade union and Nedbank. 

IBSA had referred the dispute to the CCMA for arbitration after Nedbank barred it from recruiting and organizing workers at its branches through the country, after enjoying recognition from NEDBANK for more than 80 years, arguing that it was now a minority union to a rival banking union Sasbo.

Sasbo joined the dispute as a second respondent and a friend of Nedbank arguing that IBSA had not complied with the provisions of Section 21 of the Labour Relations Act (LRA) before referring the dispute to the CCMA. Nedbank supported the argument raised by Sasbo.

“IBSA then referred the matter to us as per the Labour Relations Act form 7.13, an organizational rights dispute seeking reinstatement of all organisational rights and minority agreement rights due to the trade union. We were to determine whether the CCMA has jurisdiction to arbitrate the dispute or not,” the CCMA said in its ruling.

CCMA Commissioner Duduzile Madubanya ruled that the CCMA has jurisdiction to arbitrate the dispute and the arbitration hearing is set down for 31 August 2017. 

IBSA General Secretary Petro Ward said our members at Nedbank must remain strong and committed to fighting the matter, until a favourable outcome has been secured. FEDUSA National Executive Committee fully supports the appraoch of IBSA to secure organisational rights and to strengthen collective bargaining in the financial and insurance sectors.  

Issued by Frank Nxumalo, Media and Research Officer, Federation of Unions of SA (Fedusa)