This Schedule sets out the maximum fine that may be imposed in terms of this Act for the contravention of certain provisions of this Act.
| Previous Contravention | Contravention of any provision of sections 16, 19, 20, 21, 22 and 23 |
|---|---|
| No previous contravention | R 500 000 |
| A previous contravention in respect of the same provision | R 600 000 |
| A previous contravention within the previous 12 months or two previous contraventions in respect of the same provision within three years | R 700 000 |
| Three previous contraventions in respect of the same provision within three years | R 800 000 |
| Four previous contraventions in respect of the same provision within three years | R 900 000 |
| Number and year of law | Short title | 'Extent of repeal |
|---|---|---|
| Act No. 66 of 1995 | Labour Relations Act, 1995 | Item 2(1)(a), 2(2) and 3(4)(a) of Schedule 7 |
In this Schedule, unless the context indicates otherwise-
"pending"
means existing immediately before this Act came into operation; and
"repealed provisions of the Labour Relations Act"
means the provisions of the Labour Relations Act repealed by Schedule 2.
Any dispute contemplated in item (2)(1)(a) of Schedule 7 of the Labour Relations Act that arose before the commencement of this Act, must be dealt with as if the repealed provisions of the Labour Relations Act had not been repealed.
1) In any pending dispute contemplated in item (2)(1)(a) of Schedule 7 of the Labour Relations Act in respect of which the Labour Court or the Labour Appeal Court had jurisdiction and in respect of which proceedings had not been instituted before the commencement of this Act, proceedings must be instituted in the Labour Court or Labour Appeal Court (as the case may be) and dealt with as if the repealed provisions of the Labour Relations Act had not been repealed.
2) Any dispute contemplated in item (2)(1)(a) of Schedule 7 of the Labour Relations Act in respect of which proceedings were pending in the Labour Court or Labour Appeal Court must be proceeded with as if the repealed provisions of the Labour Relations Act had not been repealed.
3) Any pending appeal before the Labour Appeal Court must be dealt with by the Labour Appeal Court as if the repealed provisions of the Labour Relations Act had not been repealed.
4) When acting in terms of sub-items (1) to (3), the Labour Court or Labour Appeal Court may perform or exercise any function or power that it had in terms of the repealed provisions of the Labour Relations Act.
Sector or sub-sectors in accordance with the Standard Industrial
| Classification | Total annual turnover |
|---|---|
| Agriculture | R 2,00 m |
| Mining and Quarrying | R 7,50 m |
| Manufacturing | R 10,00 m |
| Electricity, Gas and Water | R 10,00 m |
| Construction | R 5,00 m |
| Retail and Motor Trade and Repair Services | R 15,00 m |
| Wholesale Trade, Commercial Agents and Allied Services | R 25,00 m |
| Catering, Accommodation and Other Trade | R 5,00 m |
| Transport, Storage and Communications | R 10,00 m |
| Finance and Business Services | R 10,00 m |
| Community, Social and Personal Services | R 5,00 m |
I, Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, under Section 55 of the Employment Equity Act, 1998 (Act No. 55 of 1998), and on the advice of the Commission for Employment Equity, hereby make the regulations set out in the Schedule, which are to be effective from 01 December 1999.
MMS MDLADLANA
Minister of Labour
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