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

Notices

Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)

Main Collective Agreement

29. Objections to Compliance Order

 

 

(1) An employer may object to a compliance order by making representations in writing to the Secretary within 7 days of receipt of that order.

 

(2) If the employer shows good cause at any time, the Secretary may permit the employer to object after the period of 7 days has expired.

 

(3) After considering any representation by the employer and any other relevant information, the Secretary—
(a) may confirm, modify or cancel an order or any part of an order; and
(b) shall specify the period within which the employer is to comply with any part of an order that has been confirmed or modified.

 

(4) The information that the Secretary shall consider includes—
(a) any evidence concerning the employer's compliance record;
(b) the likelihood that the employer was aware of the relevant provisions; and
(c) the steps taken by the employer to ensure compliance with the relevant provisions.

 

(5) The Secretary shall serve a copy of the order made in terms of sub-clause (3) on the employer and on each employee affected by it or, if this is impractical, on the employee's representative.

 

(6) If the Secretary confirms or modifies the order or any part of the order, the Employer or employee must comply with that order within the time period specified in that order.

 

(7) The failure to deliver Compliance Order to employees or their representatives shall not make Compliance order invalid.