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

Notices

Bargaining Council for the Furniture Manufacturing Industry

KwaZulu Natal

Extension to Non-Parties of the Main Collective Agreement

Part 1

42. Fines

 

(1) The fine that the Secretary may impose and an arbitrator shall impose for a failure to comply with a provision of the Collective Agreement—
(a) Not involving a failure to pay an amount due to an employee/party in terms of any provision shall be the fine determined in terms of Table One; or
(b) Involving a failure to pay an amount due to an employee/party shall be the greater of amount determined in terms of Table One or Table Two;

 

Table One

 

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 in respect of the same provision within the previous 12 months or two previous failures to comply in respect of the same provision 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

 

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 3 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 the previous 12 months 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.

 

[Part 1 Clause 42 inserted by sections 24 and 25 of Notice No. 601, GG45328 dated 15 October 2021]