According to the Basic Conditions of Employment Act , employees who earn more than the earnings threshold are excluded from its provisions that regulate ordinary working hours, overtime, compressed working weeks, average hours of work, meal intervals, daily and weekly rest periods and pay for working on Sundays, nights and public holidays, law firm Cliffe Dekker Hofmeyr says.
Employees who earn more than the earnings threshold are also not subject to the provision in the Labour Relations Act that deems employees from a temporary employment service or labour broker who are not performing a temporary service to be employees of the client for purposes of the LRA. In terms of the Employment Equity Act , an employee earning more than the earnings threshold who has a dispute under Chapter II of the EEA about unfair discrimination, cannot refer the dispute to the CCMA for arbitration, unless the dispute relates to alleged unfair discrimination on the grounds of sexual harassment or if the parties all agree to arbitration. In this case, the dispute must be referred to the Labour Court for adjudication.