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The Bargaining Council for the Restaurant, Catering and Allied Trades says it cannot intervene in labour-related complaints involving a Spur in the Western Cape, the employees of which say they have experienced exploitation, low wages and labour law violations.
According to the council, it has no jurisdiction over Malibu Spur at Bayside in Table View and others in the province, despite continuing to receive requests for assistance from employees.
Speaking to Sowetan, the council’s general secretary Brian Magqaza said it had not received any formal complaints relating to Malibu Spur because the employer falls outside its jurisdiction.
“Our bargaining council does not have jurisdiction over Malibu Spur, as they are not a party to the council or a registered employer with the council,” he said.
Magqaza said the jurisdictional limitation stems from a 2021 Labour Court order that interdicted the extension of the council’s collective agreement to non-party employers.
He said Spur Group was among the employers that participated in the court proceedings relating to the extension of the agreement to non-parties.
“The court interdict affected our ability to provide services to employers and employees in and around Cape Town. We continue to receive requests for intervention from many employees, but unfortunately, we are unable to do so because of that court order,” Magqaza said.
He said the council has since reapplied to the employment and labour minister to extend its current collective agreement to non-party employers in provinces where no other bargaining council exists for the restaurant and catering sector.
The application, he said, is intended to restore the council’s ability to regulate labour relations and resolve disputes involving employers and employees who currently fall outside its scope.
The court interdict affected our ability to provide services to employers and employees in and around Cape Town. We continue to receive requests for intervention from many employees, but unfortunately, we are unable to do so because of that court order.
— The council’s general secretary Brian Magqaza
Sowetan has also approached the department of employment and labour regarding industry inspections and complaints relating to Malibu Spur and was awaiting a response at the time of publication.
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