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

Schedules

Schedule 7 : Transitional Arrangements

Part H : Transitional Provisions arising out of the Application of the Labour Relations Amendment Act, 2002

29. 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