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

Notices

Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades

Extension to Non-parties of the Main Collective Agreement

19A. Default Payments

 

(1) Dishonoured cheques: Whenever an employer pays any sum of money that is due to the Council in terms of this Agreement, in any manner other than in cash, and such payment is dishonoured for any reason whatsoever, then and in such event, a penalty shall be imposed on the employer, which penalty shall be equal to 10% or R100, whichever is the greater of the amount due. Any penalty plus the full amount originally due shall be payable in cash on demand.

 

(2) Legal costs: Whenever it becomes necessary or expedient for the Council to institute legal action in a court of law for the recovery of any amounts of money due to either the Council, an employee or an employer in terms of subclause (1) but not paid over to the Council after having been requested then and is such event the debtor shall be liable for all legal costs incurred by the Council in the recovery of the amount due, including costs on an attorney and client scale in the event of a legal practitioner, an arbitrator or a collections agency having been instructed by the Council to collect the amount.

 

(3) Forfeiture of claimed amounts to Council:
(a) Whenever the Council has claimed an amount owing to an employee or an ex-employee in terms of this Agreement and the amount was paid over to the Council but the employee or ex-employee failed to collect such amount from the Council within a period of three years (36 months), such amount will accrue to the general funds of the Council. It will then be accepted that the employee or ex-employee has waived all right to such amount.
(b) The employee or ex-employee will have no further or alternative claim for the same amounts in terms of the Agreement against the employer.

 

(4) Indemnity clause: The members of the Council, their alternates, the Executive Committee or their alternates or the Council officials shall not be liable for any debts and/or liabilities of the Council or any of its banking accounts or funds and they are hereby indemnified against all losses and/or expenses incurred or which may be incurred by them in the bona fide lawful execution or discharge of their duties.