Baartman & du Plessis Attorneys have been serving the Private Security Sector since 1997 and have always maintained the philosophy that an informed client will be in a better position to mitigate its risks with the Private Security Compliance Framework.
Experience has also taught us that the immediate implementation of corrective actions to any compliance breach will, more often than not, lessen the impact of non-compliance to acceptable and manageable levels.
Disputes concerning and involving the National Bargaining Council for the Private Security Sector (NBCPSS) are no exception. To facilitate a proper understanding of the issue under discussion we suggest at least a basic understanding of both the Private Security Sector Compliance Framework as well as the Function of the NBCPSS within this framework (Click the respective links to read more)
Disputes concerning non-compliance with the provisions of the Collective Agreement are either triggered by an inspection by agents of the Bargaining Council or by a complaint from a disgruntled employee.
After an inspection or receipt of a complaint, the NBCPSS will issue a compliance order. A compliance order is a notification setting out the alleged contraventions of a security service provider and calling upon it to remedy these contraventions within 14 days after receipt of the compliance order.
Failure to properly remedy the contraventions will result in the secretary of the council referring the dispute for arbitration which will result in the NBCPSS seeking:-
| ● | An award directing compliance; and |
| ● | The imposition of a penalty; and |
| ● | The costs of the arbitration |
Parties to arbitration will in all probability also employ the services of a representative at additional cost.
Recipients of compliance orders are afforded the opportunity to object to the compliance order, which objection should be submitted to the NBCPSS within 14 days after receipt of the compliance order. A successful objection will culminate in the withdrawal of the compliance order without any penalty or award in respect of the costs of the arbitration.
A clear and informed decision should therefore be made as to the merits of the complaint as well as the merits of a possible objection. Any subsequent objection should:-
| ● | Contain a well though through defence, that is good in law; and |
| ● | Be presented in a legally convincing fashion; and |
| ● | Comply with the required formalities; and |
| ● | Be submitted within the required timeframes. |
Upon receiving any compliance order you should:-
| ● | Provide our offices with a copy of the compliance order; and |
| ● | Provide our offices with any documents relating to the dispute. |
Kindly make sure to contact our offices to acknowledge receipt of the above.
