Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryWestern CapeExtension to Non-parties of the Main Collective AgreementPart llClause 51 - Fines |
(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: |
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. |