1) A dispute concerning a contravention of this Act may be instituted jointly with proceedings instituted by an employee under Part C of this Chapter.
2) If an employee institutes proceedings for unfair dismissal, the Labour Court or the arbitrator hearing the matter may also determine any claim for an amount that is owing to that employee in terms of this Act if--
a) the claim is referred in compliance with section 191 of the Labour Relations Act, 1995;
b) the amount had not been owing by the employer to the employee for longer than one year prior to the dismissal; and
c) no compliance order has been made and no other legal proceedings have been instituted to recover the amount.
3) A dispute concerning any amount that is owing to an employee as a result of a contravention of this Act may be initiated jointly with a dispute instituted by that employee over the entitlement to severance pay in terms of section 41(6).