Have you received a compliance order from the NBCRFLI – then read on:

If you have recently received a compliance order from the National Bargaining Council for the Road Freight and Logistics Industry then you need to understand a few basic things:

  • Your problem is not going to go away. If you do nothing, the problem will in fact get bigger
  • You have 14 days to do something. Doing something means you either comply (i.e. PAY) or you dispute it

Let’s look at the following 2 options:

Doing nothing

If you do nothing, the agent who issued the compliance order will issue a certificate of outcome stating that the issue has not been resolved. This will get the wheels in motion for the matter to be referred to arbitration.

At arbitration, the arbitrator will then listen to the case and if you attend the arbitration, you can state your case. The Main Agreement stands, and if you have indeed not complied with any of the clauses, the arbitrator will take the compliance order amounts and issue an award against your company. This however is not the end of it.

The arbitrator now also has the authority to award interest and penalties and costs against you. Penalty costs can be up to 200% of the original capital amount owed. This is not funny at all. This is where you are going to wish you paid the compliance order when it landed on your desk.

Disputing the matter

If you choose to dispute the matter, there is really not much fighting to do. You can either prove that you are not liable to pay the funds / monies on the compliance order, or you can prove that you have already paid the funds / monies.

Of course proving that you have paid something means that you present a proper proof of payment.

If you need some guidance on this, then please contact us at Mediant Solutions

or if you want to DIY (do it yourself), then sign up for Module 3 of our online training here.

rut@mediant.co.za

012 993 4509

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