Over R2m recovered from labour non-compliance cases in Western Cape

The department of employment and labour inspection and enforcement services in the Western Cape has recovered a total of R2 563 440 during inspections conducted in the 2021-2022 financial year.

According to principal inspector Desmond Brown, of the 30 252 inspections conducted, 8 809 workplaces were found to be noncompliant and of those, 804 were referred for prosecution.

Brown was speaking on Wednesday during the Unemployment Insurance Fund media briefing in Cape Town.

He said that in terms of compliance with the Employment Equity Act, of the 227 workplaces inspected, 143 were found to be noncompliant and 10 were referred for prosecution.

“The 14 374 inspections conducted in relation to the Basic Conditions of Employment Act [BCEA] and National Minimum Wage Act [NMWA] revealed that 554 workplaces inspected were noncompliant and of those, 79 were referred for prosecution resulting in the recovery of R712 472.24 on BCEA and R649 665.48 for NMWA,” he said.

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With inspections conducted in terms of compliance with the Unemployment Insurance Act legislation, Brown revealed that of the 2 428 inspections, 1 195 were found to be noncompliant and of those, 257 were referred for prosecution with the inspectorate recovering R579 762.21.

Compliance, in respect of the Compensation for Occupational Injuries and Diseases Act was sitting at 638 cases of noncompliance in the 1 189 workplace inspections conducted. Monies recovered amounted to R621 540.07.

Department of employment and labour inspectors and employer auditors are responsible for administering the Unemployment Insurance Act and Compensation for Occupational Injuries and Diseases Act.

Chapter 10 of the Basic Conditions of Employment Act gives powers and functions for inspectors to promote, monitor and enforce compliance with labour legislation.

“It is the duty of inspectors to advise employees and employers of their rights and obligations; conduct inspections; investigate complaints; endeavour to secure compliance by securing undertakings or issuing compliance orders; contravention notices; [issue] prohibition notices and referral to court,” Brown said.