Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Purchase

(1)	A dispute concerning a contravention of this Act or the National Minimum Wage Act, 2018,may be instituted jointly with proceedings instituted by an employee under Part C of this Chapter.

[Section 74(1) substituted by section 17 of Notice No. 1302, GG 42059, dated 27 November 2018]

(2)	If an employee institutes proceedings for unfair dismissal, the Labour Court or the arbitrator hearing the matter may also determine any claim for an amount that is owing to that employee in terms of this Act or the National Minimum Wage Act, 2018.

[Section 74(2) substituted by section 17 of Notice No. 1302, GG 42059, dated 27 November 2018]

(2A)	No compliance order may be issued or enforced and no other legal proceedings may be instituted or enforced in respect of any claim that has been determined in terms of this subsection (2).

[Section 74(2A) inserted by section 14(c) of Act No. 20 of 2013]

(3)	A dispute concerning any amount that is owing to an employee as a result of a contravention of this Act or the National Minimum Wage Act, 2018, may be initiated jointly with a dispute instituted by that employee over the entitlement to severance pay in terms of section 41(6).

[Section 74(3) substituted by section 17 of Notice No. 1302, GG 42059, dated 27 November 2018]