An Arbitrator could previously only hear a matter i.t.o Section 74(2) of the Basic Conditions of Employment Act (BCEA) before the CCMA for any outstanding monies, if an employee had instituted proceedings for unfair dismissal and the claim had not yet prescribed.
This meant that if an employee had a claim for solely statutory monies whether it be a deduction or non-payment, he or she could only approach the Department of Labour for assistance.
The BCEA has however recently been amended to confer new enforcement jurisdiction on the CCMA for BCEA disputes, and to hear certain matters related to payment referred to the CCMA by employees who earn below the Ministerial Threshold of R205 430.33 per annum.
As mentioned above, such matters could previously only be included in CCMA referrals which related to dismissals.
As a result of the abovementioned amendments to the BCEA, an employee can refer claims relating only to statutory money directly to the CCMA and such claims are no longer only dealt with by the Department of Labour.
Dispute Resolution Official – PE