In its founding affidavit, the union says the case is based on the contention that the bank has acted in breach of its duty to consult meaningfully and in good faith with the applicant in breach of the parties' collective bargaining agreement, and of the individual contracts of employment its members. On September 10 last year, the applicant and the respondent entered into a written collective bargaining agreement named 'Recognition and Negotiation Procedure Agreement' (RNPA) where the parties agreed, among other things, that the bank shall 'from time to time consult with the union on any matters affecting the well-being of Members of the Union".
BOBEU received a notice of possible retrenchment on August 18 this year from the respondent. Barclays Bank Managing Director, Wilfred Mpai explained in a letter to the union that the exercise was necessitated by a change in the operating model driven by automation initiatives such as Universal Terminal replacement, e-Box enhancements, Image and Workflow and e-statements.
