Farmworkers and unlawful fines

Unlike in the criminal justice system where a traffic officer can issue a motorist a fine for failing to obey the rules of the road, employers may not levy fines against employees who fail to obey rules in the workplace.

- By Anneline Scriven, senior legal advisor, LWO Employers Organisation

Often employers are tempted to impose a fine when an employee commits an act of misconduct.

This is an extremely popular misconception that many employers wrongly believe is correct. However, employers must note that in South Africa this type of action is strictly prohibited and unlawful under labour law.

Clause 7(3) of the sectoral determination for agriculture, Sectoral Determination 13 (SD 13), issued by the minister of employment and labour under the Basic Conditions of Employment Act, 1997 (Act 75 of 1997), as amended, expressly states: "An employer may not levy a fine against a farmworker".

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