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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 40

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 40

Page	40 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 27 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

40    No. 44058              GOVERNMENT GAZETTE, 8 JANUARY 2021

a.     not he given during any period of leave to which the employee is entitled to in terms of this
                            determination.
                     h      not run concurrently with any period of leave to w hielt the employee is entitled to in terms
                            of this determination. except sick leas.
              (6)    Nothing_ in this clause affects the right -
                     (a)    of a dismissed employee to dispute the lawfulness or fairness of the dismissal in terms of
                            Chapter VIII tit' the I .ahour Relations Act. 1995. or any other law: and
                     (h)    of an employer-or an employe to terminate a contract of employment with or without
                            notice for any cause recognized by law.

B.    Payment instead of notice
              ( I )  Instead of i. Mg an employee notice in terms of this clause. an employer may pay the employee
                     the wages the employee would have received. ifthc employee had worked during the notice period.
              (2)    If an employee gives notice of termination of employment. and the employer waives any part of
                     the notice. the employer must pay the wages referred to in sub clause 16( I ). unless the employer
                     and the employ ce agree otherwise.

C.    Payments on termination
               (I )  On termination of employ m men t, an employer most pay an employee all monies due to the employee
                     including
                     (a)    any remuneration that has not been puid.
                     (h)    any paid time oli'that the employee is entitled to in terms of clause 9(3) or 9(6) that the
                            employ cc has not taken:
                     (c)    remuneration calculated in accordance with clause 11(9) for any period of'annual !caw due
                            in terms of clause I I(I ) that the employee has not taken: and
                     (d)    if the employee has been in employment longer than tour months. in respect of the
                            employee's annual leave entitlement during an incomplete annual leave cycle as defined in
                            sub clause 11(1 1 -
                          (i)     one day's remuneration in respect ofever' I7 days on which the employee worked
                                  or was entitled to he paid: or
                          (ii)    remuneration calculated on any basis that is at least as fits ourable to the employee
                                  as that calculated in terms of subparagraph (i).

D.    Severance pay
              (I )   An employer must pay an employee who is dismissed for reasons based on the employer's
                     operational requirements. severance pay equal to one week's remuneration for each completed year
                     of continuous service with that employer.
              (2)    An employee who unreasonably refuses to accept the employer's ofkr of alternative employment
                     with that employer or any other employer is not entitled to severance pay in terms of sub clause
                     I6(t))(2).The payment of severance pay in compliance y%ith this clause does not atTect an
                     employee's right to any other amount payable according to law.
              (3)    If there isa dispute only about the entitlement to severance pay in ternis of this clause. the employee
                     may refer the dispute in writing to the Council for con-arh proceedings.
              (4)    The Council must attempt to resolve the dispute through conciliation and if the disputes remain
                     unresolved, the employee  refer it to arbitration.

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