Disputes About Non-payment of Wages and Employment Equity Act

Vocabulary flashcards covering dispute resolution processes for wage non-payment under Sections 74-77A of the BCEA and the objectives of the Employment Equity Act.

Sections 74-77A BCEA

Sections of the Basic Conditions of Employment Act regulating disputes about non-payment of wages depending on whether an employee earns below or above the BCEA earnings threshold.

Dispute Procedure for Employees Earning Below the BCEA Threshold

A process where disputes concerning non-payment of wages are referred to the CCMA or relevant Bargaining Council for conciliation, and if conciliation is unsuccessful, to the CCMA/BC for arbitration.

Dispute Procedure for Employees Earning Above the BCEA Threshold

A procedure where employees must refer disputes concerning the non-payment of wages directly to the Labour Court (LC) for adjudication.

Combined Unfair Dismissal and Wage Dispute

A process where an employee alleges unfair dismissal and non-payment of wages forms part of the dispute; the unpaid wage issue may be heard together with the dismissal dispute by the CCMA, Bargaining Council, or Labour Court, regardless of the BCEA earnings threshold.

The Constitution

The primary legal instrument prohibiting unfair discrimination in South African society.

Employment Equity Act (EEA)

Act that promotes equality in the workplace to counter economic inequality, social inequality, and discrimination resulting from past discriminatory laws and practices.

Labour Court (LC)

The court that has jurisdiction to adjudicate disputes concerning the non-payment of wages for employees earning above the BCEA threshold.