n Annual Survey of South African Law - Labour law
|Article Title||Labour law|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Author||Marlize Van Jaarsveld|
|Publication Date||Jan 2007|
|Pages||658 - 766|
The EEA provides for fines if designated employers fail to observe the provisions of the EEA. However, the true impact of these financial measures were for the first time illuminated when the first number of decisions, dealing with employers who simply failed or chose to ignore to the inspectors of the Department of Labour' warning to comply with compliance orders, were reported during the year under review. Director-General of the Department of Labour v Jinghua Garments (Pty) Ltd (2007) 28 ILJ 880 (LC) is the first reported decision to illustrate the dire consequences of an employer's failure to comply with its employment equity obligations. The respondent in Jinghua failed to comply with several provisions of the EEA, in particular with a written undertaking it had given to a labour inspector. The inspector issued a compliance order that the respondent also ignored. The inspector applied in the Labour Court for the compliance order to be made an order of the court, and also for a fine to be imposed. The employer having made several admissions regarding his failure to comply with his EEA obligations, the only issue before the court related to the fine.
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