LABOUR ACT [Chapter 28:01] (as amended) (6) Nothing contained in this section shall be construed as precluding an employee, notwithstanding an order made in terms of subsection (4), from recovering by civil proceedings any amount or additional amount by which he has been prejudiced as a result of any contravention of a minimum wage notice. 21 Prohibition of termination of services of employee (1) No employer shall, otherwise than in terms of an exemption granted to him in terms of subsection (2), terminate the services of an employee solely on the ground of a requirement to pay him a minimum wage in terms of a minimum wage notice. (2) Where the Minister considers that special circumstances exist, he may, by notice in writing, and on such terms and conditions as he may specify, grant an employer exemption from subsection (1). (3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 22 Maximum wage notices (1) The Minister may, by statutory instrument, after consultation with the Minister responsible for finance— (a) fix a maximum wage, and the maximum amount that may be payable by way of benefits, allowances, bonuses or increments; (b) require employers to grant or negotiate such increments on annual income up to such maximum amount or percentage as he may specify; in respect of employees generally or of any particular class of employees, and may prohibit the payment to and receipt by such employees of any amount greater than may be fixed or specified in terms of this subsection. (2) In any notice made in terms of subsection (1) the Minister may provide for exemptions from any provisions of such notice. (3) Any person who contravenes a notice issued in terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. PART VI WORKERS COMMITTEES: FORMATION AND FUNCTIONS 23 Formation of workers committees (1) Subject to this Act and any regulations, employees employed by any one employer may appoint or elect a workers committee to represent their interests: Provided that no managerial employee shall be appointed or elected to a workers committee, nor shall a workers committee represent the interests of managerial employees, unless such workers committee is composed solely of managerial Re-issue employees appointed or elected to represent their interests. (1a) Subject to subsection (1b), the composition and procedure of a workers committee shall be as determined by the employees at the workplace concerned. (1b) Notwithstanding subsection (1a), if a trade union is registered to represent the interests of not less than fifty per centum of the employees at the workplace where a workers committee is to be established, every member of the workers committee shall be a member of the trade union concerned. (2) For the purposes of appointing or electing a workers committee, employees shall be entitled to— (a) be assisted by a labour relations officer or a representative of the appropriate trade union; and (b) reasonable facilities to communicate with each other and meet together during working hours at their place of work; and (c) be provided by their employer with the names and relevant particulars of all employees employed by him; so however, that the ordinary conduct of the employer’s business is not unduly interfered with. (3) In the event of any dispute arising in relation to the exercise of any right referred to in subsection (2), the labour relations officer concerned or any other officer acting in a similar capacity, shall, after considering the representations of the parties concerned, make such fair and reasonable determination as he deems fit, and such determination shall be binding on the parties: Provided that if any person is aggrieved by the determination of the labour relations officer or such other officer, he may appeal to a senior labour relations officer who, after taking into account the representations of the parties concerned, shall determine the matter and his decision shall be final. 24 Functions of workers committees (1) A workers committee shall— (a) subject to this Act, represent the employees concerned in any matter affecting their rights and interests; and (b) subject to subsection (3), be entitled to negotiate with the employer concerned a collective bargaining agreement relating to the terms and conditions of employment of the employees concerned; and (c) subject to Part XIII, be entitled to recommend collective job action to the employees concerned; and (d) where a works council is or is to be constituted at any workplace, elect some of its members to represent employees on the works council. (2) Subject to subsection (3), where a workers committee has been appointed or elected to represent employees, no person other than such workers committee and the appropriate trade union, if any, may— - 20 - 1st May 2003-