Before the BCEA Amendment Act of 2018 came into operation, if an employee was owed money in terms of a contract of employment, such employee’s only recourse was to utilise s77(3) of the BCEA to institute a claim with the labour court and the high court having concurrent jurisdiction.
In this period, before the BCEA Amendment Act of 2018, if monies were owed to an employee, in terms of a collective agreement, then, if the terms of such collective agreement had been incorporated into an employment contract, the above route was also the only avenue for such an employee.
Previous articles already dealt with some of the implications of s24 of the LRA. The CCMA only has jurisdiction over the interpretation or application of collective agreements and not the enforcement thereof.
What is the effect of the BCEA Amendment Act of 2018 on the dispute-resolution path for monies owed ito the National Minimum Wage Act (NMWA), a contract of employment, sectoral determination, or a collective agreement?
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In terms of s73A, a distinction is made between an employee or worker earning above the threshold, ito s6(3) of the BCEA, and earning below such threshold.
Employee or worker earning above the threshold, ito section 6(3) of the BCA
- In this instance, the dispute-resolution path entails the following alternatives:
- the labour court
- the high court
- the magistrate’s court
- the small claims court
Employee or worker earning below the threshold ito s6(3) of the BCEA
- The dispute-resolution path is limited to compulsory con-arb before the CCMA.
