Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension of Main Amending Collective Agreement to Non-partiesChapter Eleven : Compliance and Monitoring of The Collective Agreement57. Fines, Arbitration Costs and Interest |
| (1) | The fine that the Secretary may impose and an arbitrator shall impose for a failure to comply with a provision of a 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 the amount determined in terms of Table One or Table Two: |
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TABLE ONE |
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No previous failure to comply |
R100 per employee in respect of whom the failure to comply occurs. |
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A previous failure to comply in respect of the same provision |
R200 per employee in respect of provision whom the failure to comply occurs. |
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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. |
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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. |
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Four 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. |
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TABLE TWO |
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No previous failure to comply |
25% of the amount due, including any interest owing on the amount at the date on the order. |
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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. |
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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. |
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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. |
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Four 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. |
| (2) | A cost award by an arbitrator may include the following costs or any costs which in the opinion of the arbitrator should be awarded: |
| (a) | Fee of the arbitrator including travelling and accommodation; |
| (b) | venue costs; |
| (c) | administration fee of the Council; |
| (d) | costs of issuing subpoenas; |
| (e) | representative's fee which is to be taxed by the Labour Court; |
| (f) | cost of the designated agent or other staff of the Council who have to attend the arbitration. |
| (3) | An employer who does not pay to the Council the levies and contributions payable by him and his employees each week within the period determined by the Council as defined in Clause 5 shall pay interest to the Council at the prime bank rate charged by the Councils bank plus 2%, calculated from the due date of payment. |
