Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryKwaZulu NatalExtension to Non-Parties of the Main Collective AgreementPart 142. Fines |
(1) | The fine that the Secretary may impose and an arbitrator shall impose for a failure to comply with a provision of the 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 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. |
[Part 1 Clause 42 inserted by sections 24 and 25 of Notice No. 601, GG45328 dated 15 October 2021]