The owner of a retail store in Melmoth, KwaZulu-Natal was fined R10 000 or face imprisonment after being found guilty of obstructing a labour inspector from conducting inspections at the workplace.
Departmental spokesperson, Page Boikanyo, said that it emerged last week that judgement was handed down by the Mthonjaneni Magistrates Court when it was found that the employer had contravened the Basic Conditions of Employment Act (BCEA).
Subsequently, the accused was sentenced to pay a fine of R10 000 or face six months imprisonment half of which was suspended for three years on condition that the accused is not convicted of contravening the provisions of the BCEA during the period of suspension.
During the initial inspection conducted at the retail store, Boikanyo said that the employer was found to be in serious contravention of the Sectoral Determination for the Wholesale and Retail sector. After securing a written undertaking to ensure compliance, it was found that the employer refused the inspector entry into the workplace when follow up inspections were attempted.
A compliance order was since issued giving the employer 21 days to comply with the law. It was found that the employer had flouted the law by not adhering to the minimum wage prescribed for the sector as well as did not pay employees for Public holiday or Sunday work. Workers were not issued with pay slips or written particulars of employment. Stipulations in terms of hours of work and period of meal intervals granted were also ignored.
Boikanyo said that in order to monitor and enforce compliance of labour laws an inspector of the department has the powers to enter a workplace or any place where the employer carries on business or keeps employment records at any reasonable time without warrant or notice.
All inspectors are required in the call of duty to present an inspector’s card as a form of identity at all times. Employers are welcome to contact their nearest Labour Centre to verify the identity of inspectors, he said.
Enquiries:
Jay Anand
Cell: 084 5076743
Page Boikanyo
Cell: 0828093195
Source: Department of Labour
