It is the Department of Employment and Labour’s job to make sure that all employers and employees obey the conditions of employment laid out in sectoral determinations and wage determinations. If you are helping an employee who is covered by a sectoral determination or wage determination, you may refer a breach to the CCMA in terms of Section 73A of the Basic Conditions of Employment (BCEA) or refer the problem to the Department of Employment and Labour if you have tried and cannot solve the problem with the employer on your own. (See Problem 3: Employee is paid below the minimum wage) Alternatively, a breach of the Sectoral Determination could be referred to the CCMA as part of an Unfair Dismissal claim made at the CCMA or can be referred to the CCMA in terms of Section 73A(1) for payment to be made. This process involves sending the CCMA Referral of Dispute Form 7:11 to the employer and then sending it to the CCMA and ticking Section 73A under ‘Nature of Dispute.’