LABOUR ACT [Chapter 28:01] (as amended) (b) the issue, dispute or complaint giving rise to any collective job action or lock-out which is threatened, anticipated, or in force has been determined or resolved in terms of Part XII or this Part; or (c) any collective job action by a workers committee or trade union is threatened, anticipated or in force and the executive of such workers committee or trade union or federation thereof, acting in terms of its constitution, has ordered the suspension of such collective job action; or (d) the termination, postponement or suspension of any collective job action or lock-out is directed in any show cause order or disposal order which has been given; any person who is or might become involved in such collective job action or lock-out shall, as the case may be, forthwith cease or refrain from participating in or threatening such collective job action or lock-out. 112 Offences under Part XIII (1) Any person who contravenes or fails to comply with⎯ (a) subsection (2) or (3) of section one hundred and four; or (b) section one hundred and five ; or (c) a direction made in terms of paragraph (b) or (c) of subsection (2) of section one hundred and six; or (d) the terms of a disposal order; or (e) section one hundred and eleven; shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (2) When imposing any penalty or sentence upon conviction for an offence in terms of subsection (1), the court shall take into account— (a) the terms of any show cause order or disposal order which has been made relating to the offence concerned, and the extent to which the convicted person has complied with it; and (b) the extent to which the dispute concerned has been resolved. PART XIV EMPLOYMENT AGENCIES 113 Interpretation in Part XIV (1) In this Part, “registrar” means the registrar of employment agencies referred to in section one hundred and twenty-one. (2) The registrar shall keep a register of employment agencies which have been registered in terms of this Act, and shall perform such other functions as are imposed or conferred upon him under this Act. (3) The registrar may, subject to the directions of the Minister, delegate any of his functions to any other person employed by the State. 114 Employment agencies to be registered (1) No person shall— (a) conduct an employment agency; or Re-issue (b) charge or recover any payment or reward for or in connection with the procurement of employment through an employment agency; unless that employment agency is registered under this Act. (2) No person shall hold himself out as conducting an employment agency, unless that employment agency is registered under this Act. 115 Application for registration, issue, variation and cancellation of certificates of registration (1) Application for the registration of an employment agency shall be made to the registrar in the prescribed form. (2) Upon an application made to him in terms of subsection (1), if the registrar— (a) is satisfied that the premises concerned are suitable for use as an employment agency, and that having regard to any other relevant matters the application should be granted, he shall grant the application and issue to the applicant a certificate of registration; (b) is not so satisfied as to the matters specified in paragraph (a), he shall refuse the application and give reasons for his refusal. (3) A certificate of registration shall specify— (a) the name of the person to whom the certificate is issued; and (b) the premises at which the business is to be conducted; and (c) the period for which the certificate shall be in force; and (d) the area, including any foreign country, in respect of which the business may be conducted; and (e) the class or classes of persons or employment in respect of which the business may be conducted; and (f) any conditions subject to which the business may be conducted. (4) The registrar may cancel the registration of an employment agency or vary the terms or conditions of any certificate of registration— (a) after due inquiry and for good cause, if he has notified the holder of the certificate of his intention to do so, and has given the holder the opportunity of making representations to him, and has considered any representations which the holder has made; or (b) on the application of the holder of the certificate. (5) Any person aggrieved by a decision of the registrar made in the exercise of his functions under this section may appeal against such decision to the Labour Court, which may determine the matter in such manner as it deems just. 116 Duties of persons conducting employment agencies (1) Every person who conducts or is in charge of an employment agency registered under this Act shall— (a) retain any record which by regulations made under this Act he is required to make for a period of three years subsequent to the occurrence of the event recorded; and - 42 - 1st May 2003-