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

Notices

Purchase

The Exemptions Committee and Independent Appeal Body must when considering an exemption application/appeal, take into account the following criteria:

(a)	any written and/or verbal substantiation provided by the applicant

(b)	fairness to the employer, its employees and other employers and the employees in the industry;

(c)	whether an exemption, if granted, would undermine this Agreement or the collective bargaining process;

(d)	whether it will make a material difference to the viability of a new business, or a business previously outside the jurisdiction of the Council;

(e)	unexpected economic hardship occurring during the currency of The Agreement, and job creation and/or loss thereof.

(f)	the infringement of basic conditions of employment rights;

(g)	the fact that a competitive advantage might be created by the exemption;

(h)	comparable benefits or provisions where applicable;

(i)	the applicant's compliance with other statutory requirements such as the Occupational Injuries and Diseases Act or Unemployment Insurance; or any other factor which is considered appropriate.

[Annexure A(8) inserted by section 4(4.2) of Notice No. R. 1764, GG45931, dated 18 February 2022]