MONITORING, ENFORCEMENT AND LEGAL PROCEEDINGS
34. Monitoring by employees and trade union representatives.--Any employee or trade union representative may bring an alleged contravention of this Act to the attention of--
35. Powers of labour inspectors.--A labour inspector acting in terms of this Act has the authority to enter, question and inspect as provided for in sections 65 and 66 of the Basic Conditions of Employment Act.
36. Undertaking to comply.--A labour inspector must request and obtain a written undertaking from a designated employer to comply with paragraphs (a) to ( j) within a specified period, if the inspector has reasonable grounds to believe that the employer has failed to--
37. Compliance order.--(1) A labour inspector may issue a compliance order to a designated employer if that employer has--
(2) A compliance order issued in terms of subsection (1) must set out--
(3) A labour inspector who issues a compliance order must serve a copy of that order on the employer named in it.
(4) A designated employer who receives a compliance order served in terms of subsection (3) must display a copy of that order prominently at a place accessible to the affected employees at each workplace named in it.
(5) A designated employer must comply with the compliance order within the time period stated in it, unless the employer objects to that order in terms of section 39.
(6) If a designated employer does not comply with an order within the period stated in it, or does not object to that order in terms of section 39, the Director-General may apply to the Labour Court to make the compliance order an order of the Labour Court.
38. Limitations.--A labour inspector may not issue a compliance order in respect of a failure to comply with a provision of Chapter III of this Act if--
39. Objections against compliance order.--(1) A designated employer may object to a compliance order by making written representations to the Director-General within 21 days after receiving that order.
(2) If the employer shows good cause at any time, the Director-General may permit the employer to object after the period of 21 days has expired.
(3) After considering the designated employer's representations and any other relevant information, the Director-General--
(4) The Director-General must, after making a decision in terms of subsection (3), and within 60 days after receiving the employer's representations, serve a copy of that decision on that employer.
(5) A designated employer who receives an order of the Director-General must either--
(6) If a designated employer does not comply with an order of the Director-General, or does not appeal against that order, the Director-General may apply to the Labour Court for that order to be made an order of the Labour Court.
40. Appeal from compliance order.--(1) A designated employer may appeal to the Labour Court against a compliance order of the Director-General within 21 days after receiving that order.
(2) The Labour Court may at any time permit the employer to appeal after the 21-day time limit has expired, if that employer shows good cause for failing to appeal within that time limit.
(3) If the designated employer has appealed against an order of the Director-General, that order is suspended until the final determination of--
41. Register of designated employers.--(1) The Minister must keep a register of designated employers that have submitted the reports required by section 21.
(2) The register referred to in subsection (1) is a public document.
42. Assessment of compliance.--In determining whether a designated employer is implementing employment equity in compliance with this Act, the Director-General or any person or body applying this Act must, in addition to the factors stated in section 15, take into account all of the following:
43. Review by Director-General.--(1) The Director-General may conduct a review to determine whether an employer is complying with this Act.
(2) In order to conduct the review the Director-General may--
44. Outcome of Director-General's review.--Subsequent to a review in terms of section 43, the Director-General may--
45. Failure to comply with Director-General's recommendation.--If an employer fails to comply with a request made by the Director-General in terms of section 43 (2) or a recommendation made by the Director-General in terms of section 44 (b), the Director-General may refer the employer's non-compliance to the Labour Court.
46. Conflict of proceedings.--(1) If a dispute has been referred to the CCMA by a party in terms of Chapter II and the issue to which the dispute relates also forms the subject of a referral to the Labour Court by the Director-General in terms of section 45, the CCMA proceedings must be stayed until the Labour Court makes a decision on the referral by the Director-General.
(2) If a dispute has been referred to the CCMA by a party in terms of Chapter II against an employer being reviewed by the Director-General in terms of section 43, there may not be conciliation or adjudication in respect of the dispute until the review has been completed and the employer has been informed of the outcome.
47. Consolidation of proceedings.--Disputes concerning contraventions of this Act by the same employer may be consolidated.
48. Powers of commissioner in arbitration proceedings.--A commissioner of the CCMA may, in any arbitration proceedings in terms of this Act, make any appropriate arbitration award that gives effect to a provision of this Act.
49. Jurisdiction of Labour Court.--The Labour Court has exclusive jurisdiction to determine any dispute about the interpretation or application of this Act, except where this Act provides otherwise.
50. Powers of Labour Court.--(1) Except where this Act provides otherwise, the Labour Court may make any appropriate order including--
(2) If the Labour Court decides that an employee has unfairly discriminated against, the Court may make any appropriate order that is just and equitable in the circumstances, including--
(3) The Labour Court, in making any order, may take into account any delay on the part of the party who seeks relief in processing a dispute in terms of this Act.
(4) If the Labour Court declares that the medical testing of an employee as contemplated in section 7 is justifiable, the court may make any order that it considers appropriate in the circumstances, including imposing conditions relating to--
Protection of employee rights
51. Protection of employee rights.--(1) No person may discriminate against an employee who exercises any right conferred by this Act.
(2) Without limiting the general protection conferred by subsection (1), no person may threaten to do, or do any of the following:
(3) No person may favour, or promise to favour, an employee in exchange for that employee not exercising any right conferred by this Act or not participating in any proceedings in terms of this Act.
(4) Nothing in this section precludes the parties to a dispute arising out of an alleged breach of any right conferred by this Part, from concluding an agreement to settle the dispute.
(5) For the purposes of this section "employee" includes a former employee or an applicant for employment.
52. Procedure for disputes.--(1) If there is a dispute about the interpretation or application of this Part, any party to the dispute may refer it in writing to the CCMA.
(2) The CCMA must attempt to resolve a dispute referred to it in terms of this Part through conciliation.
(3) If the dispute remains unresolved after conciliation--
(4) In respect of a dispute in terms of this Part, the relevant provisions of Part C and D of Chapter VII of the Labour Relations Act apply, read with the changes required by the context.