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

Notices

Bargaining Council for the Restaurant, Catering and Allied Trades

Extension to Non-parties of the Main Collective Agreement

28B. Disputes pertaining to Income and Expenses of the Council and Contributions to Funds

 

(1) Should an employer in terms of this agreement fail to comply with any provisions of clauses 19, 21, 21A, 21B and 21C of the agreement, the council shall serve a compliance order on that employer/company.

 

(2) If the employer fails to comply with the compliance order, an application will be made to have the compliance order made an award or

 

(3) The compliance order contemplated in 28(8)(2) of this agreement above shall be served on the employer not less than 14 days before the application to have the compliance order made an award or the scheduled arbitration.

 

(4) Clauses 28(A)(8) to 28(A)(13) of this agreement shall apply to proceedings conducted under this clause.

 

(5) In addition, the arbitrator may impose a fine for failure to comply with clause 21, 21(A), 21(B) and 21(C) of this agreement.

 

(6) Any person upon whom a fine has been imposed In terms of this clause, files an application to review and set aside an award in terms of 28(B)(5), any objection to pay a fine is suspended pending the outcome of the application.

 

(7) The maximum fines that may be imposed by an arbitrator acting in terms of this clause shall not exceed the amounts as determined by the Minister from time to time.