Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry

North and West Boland

Extension of Collective Agreement to non-parties

25. Dispute settlement fine
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(1) If it is found that an employer does not comply with the provisions of this Agreement, the Council may impose a fine as set out in paragraph 1(a) according to the Basic Conditions Act of 75 of 1997 as prescribed in Schedule 2 of the Act.

 

(a) MAXIMUM PERMISSIBLE FINE NOT INVOLVING AN UNDERPAYMENT

 

No previous failure to comply

R300 per employee in respect of whom the failure to comply occurs.

A previous failure to comply in respect of

the same provision

R600 per employee in respect of who the failure to comply occurs.

A previous failure to comply within the previous 12 months or two previous failures to comply in respect of the same provision within three years

R900 per employee in respect of whom the failure to comply occurs

Three previous failures to comply in respect of the same provision within three years

R1 200 per employee in respect of whom the failure to comply occurs

Four or more previous failures to comply in respect of the same provision within three years

R1 500 per employee in respect of whom the failure to comply occurs

 

(b) MAXIMUM PERMISSIBLE FINE INVOLVING AN UNDERPAYMENT

 

No previous failure to comply ............

25% of the amount due, including any interest owing on the amount at the date of the order

A previous failure to comply in respect of

the same clause within three years

50% of the amount due, including any interest owing on the amount at the date of the order

A previous failure to comply in respect of the same clause within three years, or two previous failures in respect of the same clause within three years

75% of the amount due, including any interest owing on the amount at the date of the order

Three previous failures to comply in respect of the same clause within three years

100% of the amount due, including any interest owing on the amount at the date of the order

Four or more previous failures to comply in respect of the same clause within three years

200% of the amount due, including any interest

 

(c)If the amount due by the employer to the employees of the Council is less than two thousand rand (R2 000,00), the Council may demand immediate payment of this money from the employer.