SCHEDULE ONE OF THE EMPLOYMENT EQUITY ACT

MAXIMUM PERMISSIBLE FINES THAT MAY BE IMPOSED FOR CONTRAVENING THIS ACT

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, (read with 17), 19, 22, 24, 25, 26 and 43(2)	Contravention of any Provision of sections 20, 21, 23 and 44(b)
No previous contravention	R1 500 000	The greater of R1 500 000 or 2% of the employer's turnover
A previous contravention in respect of the same provision	R1 800 000	The greater of R1 800 000 or 4% of the employer's turnover
A previous contravention within the previous 12 months or two previous contraventions in respect of the same provision within three years	R2 100 000	The greater of R2 100 000 or 6% of the employer's turnover
Three previous contraventions in respect of the same provision within three years	R2 400 000	The greater of R2 400 000 or 8% of the employer's turnover
Four previous contraventions in respect of the same provision within three years	R2 700 000	The greater of R2 700 000 or 10% of the employer's turnover

 

SCHEDULE TWO OF THE EMPLOYMENT EQUITY ACT

LAWS REPEALED

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

 

SCHEDULE THREE OF THE EMPLOYMENT EQUITY ACT

TRANSITIONAL ARRANGEMENTS

1. Definitions.
   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   "repealed provisions of the Labour Relations Act" means the provisions of the Labour Relations Act repealed by Schedule 2.


2. Disputes arising before commencement of this Act
   
   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of Schedule 7 of the Labour Relations Act that arose before the commencement of this Act, must be dealt with as if the repealed provisions of the Labour Relations Act had not been repealed.


3. Courts


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proceedings must be instituted in the Labour Court or Labour Appeal Court (as the case may be) and dealt with as if the repealed provisions of the Labour Relations Act had not been repealed.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 subitems (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.

SCHEDULE FOUR OF THE EMPLOYMENT EQUITY ACT

TURNOVER THRESHOLD APPLICABLE TO DESIGNATED EMPLOYERS

Sector or subsectors in accordance with the Standard Industrial Classification	Total annual turnover
Agriculture Mining and Quarrying Manufacturing Electricity, Gas and Water Construction Retail and Motor Trade and Repair Services Wholesale Trade, Commercial Agents and Allied Services Catering, Accommodation and other Trade Transport, Storage and Communications Finance and Business Services Community, Special and Personal Services	R6,00 m R22,50 m R30,00 m R30,00 m R15,00 m R45,00 m R75,00 m R15,00 m R30,00 m R30,00 m R15,00 m