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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 50

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 50

Page	50 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 37 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

50    No. 44058              GOVERNMENT GAZETTE, 8 JANUARY 2021

(a) Where an employee is dismissed for reasons based  on the employer's operational requirements. the
                     employee will be entitled to one week's severance  pay for each completed year of continuous
                     service with that employer:
                  (h) An employee w ho unreasonably-refuses to  accept the employer's oticr of alternative employment
                     with that employer or any other employer. is not entitled  to severance pay:
                  (c) For the purpoic of-determining the length of an employee's employment  with an employer.
                     previous employment w ith the saine employer must he taken into  account if the break between the
                     periods of employment k less than one )ear.
                  (d) If'there is a dispute only about the entitlement to  severance pay in terms of this clause. the employee
                     may refer the dispute in writing to the Council for con-art proceedings.
                                            26. THE CODE OF COOD PRACTICE.

See Schedule 8 of the I_ahour Relations Act of 1995.

27. FREEDOM OF ASSOCIATION

Section 4 of the Labour Relations Act. I995. shall apply  to all employees. I.mployees may join a trade
              union (subject to its constitution) and to partake in its lawful  activities. Section 6 of the Labour Relations
              Act. 1995. shall apply to all employers. lanployers
                                                           may join an employer organisation (subject to its
              constitution) and panieip:te in its lawful activities.
                              28. DISPUTE  RESOLUTION FUNCTION OF THE COUNCIL.

No industrial action or lock-out shall be taken by  an employee(s). trade union(s). employer's organisation(s)
              pending the exhaustion of the rcleYant procedures of this  Agreement and the Labour Relations Act. 1995
              (See Code Of Good Practice Collective Bargaining. Industrial  Action and Picketing).
                     284. DISPUTES PERTAINING TO CONTRAVENTION OF          THE AGREEMENT

(I)    Disputes pertaining tu contraventions of the Agreement  must be donc in the tirm of a sworn
                     statement. setting out all the material fact(s) that limn the basis of the  complaint.
              (2)   On receipt of the complaint the Council shall within 14 days  appoint a designated agent or official
                    to investigate the dispute and /or may request further information.  facts or data from either the
                    employee or the employer.
              (3)   The designated agent or official shall within 14 clays of  his appointment submit a written report to
                    the Secretary on his investigation and the  steps he had taken to ensure compliance w ilk the
                    Agreement and the recommendation fi)r the finalization of the complaint.
              (4)   The designated agent or Official may endeavor
                                                           to secure a written undertaking by the employer to
                    comply with the contraventions) of the Agreement and obtain  an agreement between the employer
                    and employee as to any amount owned to the employee in ternis of the collective Agreement.
             (5)    If an employer fails to comply with a written undertaking
                                                                     given by the employer in terms of this
                    clause. the Secretary may apply to the CCMA to make the  undertaking an arbitration award.
             (6)    Should the complaint not he settled. the complainant  may request the Council t., convene arbitration
                    proceeding(s) w ithin 30 days of being served with the  outcome of the investigation
             (7)    The referral tir arbitration shall be served  on the employer by the employee and the referral
                    together with proof of service must be served on the Council.
             (8)    If the complainant shows good  cause at any tine. the Council may permit the complainant to refer
                    the complaint Alter the 30 - day limit has expired.

< page 49	View full Gazette No. 44058	page 51 >

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