Labour Relations Act, 1995 (Act No. 66 of 1995)SchedulesSchedule 7 : Transitional ArrangementsPart H : Transitional Provisions arising out of the Application of the Labour Relations Amendment Act, 200229. Arbitration in terms of section 33A |
| (1) | Until such time as the Minister promulgates a notice in terms of section 33A(13) of the Act, an arbitrator conducting an arbitration in terms of section 33A of the Act may impose a fine in terms of section 33A(8)(b) of the Act subject to the maximum fines set out in Table One and Two of this item. |
| (2) | The maximum fine that may be imposed by an arbitrator in terms of section 33A(8)(b) of the Act— |
| (a) | for a failure to comply with a provision of a collective agreement not involving a failure to pay any amount of money, is the fine determined in terms of Table One; and |
| (b) | involving a failure to pay an amount due in terms of a collective agreement, is the greater of the amounts determined in terms of Table One and Table Two. |
Table One :Maximum permissible fine not involving an underpayment
No previous failure to comply |
R100 per employee in respect of whom the failure to comply occurs |
A previous failure to comply in respect of the same provision |
R200 per employee in respect of whom 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 provisions within three years |
R300 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 |
R400 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 |
R500 per employee in respect of whom the failure to comply occurs |
Table Two: 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 provision 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 provision within a year, or two previous failures to comply in respect of the same provision 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 provision 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 provision within three years |
200% of the amount due, including any interest owing on the amount at the date of the order |