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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section lll : Regulation of Agreement

Part L : Legal Proceedings

42. Fines

Purchase

42.1.

In accordance with the notice promulgated by the Minister of Labour in terms of section 33A (13) of The Act, an arbitrator conducting an arbitration in terms of section 33A of The Act, may impose a fine in terms of this section subject to the maximum fines set out in subclauses 42.2 and 42.3 below.

42.2.

The maximum permissible fine for non-compliance with the agreement that does not involve an underpayment is:

42.2.1.

a hundred rand (R 100-00) per employee in respect of whom the failure to comply occurs where the employer has never previously failed to comply;

42.2.2.

two-hundred rand (R 200-00) per employee in respect of whom the failure to comply occurs where the employer has previously failed to comply with the same term of this agreement;

42.2.3.

three-hundred rand (R 300-00) per employee in respect of whom the failure to comply occurs where the employer has previously failed to comply with the same term of this agreement within the previous twelve (12) months;

42.2.4.

three-hundred rand (R 300-00) per employee in respect of whom the failure to comply occurs where the employer has previously failed on two (2) occasions to comply with the same term of this agreement within the previous thirty-six (36) months;

42.2.5.

four-hundred rand (R 400-00) per employee in respect of whom the failure to comply occurs where the employer has previously failed on three (3) occasions to comply with the same term of this agreement within the previous thirty-six (36) months; and

42.2.6.

five-hundred rand (R 500-00) per employee in respect of whom the failure to comply occurs where the employer has previously failed on four (4) or more occasions to comply with the same term of this agreement within the previous thirty-six (36) months.

42.3.

The maximum permissible fine for non-compliance with the agreement that does involve an underpayment is:

42.3.1.

twenty-five percent (25%) of the amount due, including any interest owing on the amount at the date of the order in respect of whom the failure to comply occurs where the employer has never previously failed to comply;

42.3.2.

fifty percent (50%) of the amount due, including any interest owing on the amount at the date of the order in respect of whom the failure to comply occurs where the employer has previously failed to comply with the same term of this agreement within the previous thirty-six (36) months;

42.3.3.

seventy-five percent (75%) of the amount due, including any interest owing on the amount at the date of the order in respect of whom the failure to comply occurs where the employer has never previously failed to comply within the previous twelve (12) months;

42.3.4.

seventy-five percent (75%) of the amount due, including any interest owing on the amount at the date of the order in respect of whom the failure on two (2) occasions to comply occurs where the employer has never previously failed to comply within the previous thirty-six (36) months;

42.3.5.

one-hundred percent (100%) of the amount due, including any interest owing on the amount at the date of the order in respect of whom the failure on three (3) occasions to comply occurs where the employer has never previously failed to comply within the previous thirty-six (36) months; and

42.3.6.

two-hundred percent (200%) of the amount due, including any interest owing on the amount at the date of the order in respect of whom the failure on four (4) or more occasions to comply occurs where the employer has never previously failed to comply within the previous thirty-six (36) months.

42.4.

An Employer must pay interest on any amount due and payable in terms of this agreement at the rate of interest prescribed in terms of section 1 of the Prescribed Rate of Interest Act of 1975 as amended, to any person to whom a payment should have been made.

42.5.

Any obligation to pay a fine is suspended pending the outcome of the application where an employer upon whom a fine has been imposed in terms of clause 42, files either an objection or an appeal or a review application in terms of subclause 40.8 or 40.13 above.