The Commission for Conciliation, Mediation and Arbitration (CCMA) has noted the efforts made by the Department of Employment and Labour, under the auspices of Minister Nomakhosazana Meth, and the Bargaining Councils that operate within the restaurant and hospitality sector to ensure that employers within this sector comply with employment law.
This comes after escalatory reports of alleged mistreatment and breaches of employment law affecting a myriad of employees employed within certain restaurants have surfaced following tip-offs sent to the office of Minister Meth and other authorities, as well as those uploaded across social media.
In response, the Department of Employment and Labour, together with the Bargaining Councils operating within the hospitality sector, has subsequently undertaken a series of “sting operations” aimed at enforcing the fair and equitable implementation of the country’s Labour Laws, the Immigration Act No.13 of 2002, as well as any of the applicable Collective Agreements, thereby ensuring that businesses adhere to the required standards of the Republic.
The CCMA, in support of the stance taken by DEL, wishes to remind its Users that; section 185 (b) of the Labour Relations Act (LRA) 66 of 1995 states that every employee has the right not to be subjected to an unfair labour practice as set out in section 186(2) of the LRA. Disputes regarding alleged unfair labour practices in the restaurant and hospitality sectors may be reported to the applicable Bargaining Council listed below or to the CCMA where no Bargaining Council has jurisdiction. Employees are encouraged first to follow internal procedures before lodging a dispute.
The applicable Bargaining Councils that operate in the restaurant and hospitality sector are the following:
- Bargaining Council for the Restaurant, Catering and Allied Trades – with jurisdiction in Alberton, Benoni, Boksburg, Brakpan, Delmas, Germiston, Johannesburg, Kempton Park, Krugersdorp, Randburg, Randfontein, Roodepoort, Springs and Westonaria.
- Bargaining Council for the Food Retail, Catering and Allied Trades, with jurisdiction in Pretoria, Brits, Cullinan, Bronkhorstspruit, Rustenburg, Warmbaths, Witbank and Wonderboom.
- The Bargaining Council for the Fast Food, Restaurant, Catering, and Allied Trades has a national footprint, although its Collective Agreement is not extended to non-parties.
Users in the hospitality sector may forward their disputes regarding money owed to them by their employers to the respective Bargaining Council, falling into their magisterial district. In the absence of a Bargaining Council, matters related to a failure to receive payment from the employer in terms of the Basic Conditions of Employment, the National Minimum Wage Act, a collective agreement, a contract of employment, or a sectoral agreement may be referred to the CCMA (if the employee earns below R254 371.67 per annum) or reported to the Department of Employment and Labour.
Users are encouraged to make referrals and applications using the CCMA’s digital case referral and application platform, which is accessible via the CCMA website, Facebook page, and directly via this link: https://cmsonline.ccma.org.za. Alternatively, users can download the CCMA mobile application, CCMAConnect.
Issued by: Department of Employment and Labour