5      Penalty and disqualification in respect of displacement

(1)     Where an employer is deemed to have displaced an employee as contemplated in subsection (2), that employer-

(a)     must pay a penalty to the South African Revenue Service in an amount of R30 000 in respect of the employee that is displaced; and

(b)     may be disqualified from receiving the employment tax incentive by the Minister of Finance by notice in the Gazette after taking into account-

(i)      the number of employees that have been displaced by the employer; and

(ii)     the effect that the disqualification may directly or indirectly have on the employees of the employer.

(2)     For the purposes of subsection (1), an employer is deemed to have displaced an employee if-

(a)     the resolution of a dispute, whether by agreement, order of court or otherwise, reveals that the dismissal of that employee constitutes an automatically unfair dismissal in terms of section 187(1)(f) of the Labour Relations Act; and

[Paragraph (a) substituted by section 114(1) of Act 43 of 2014 deemed to have come into operation on 1 January, 2014]

(b)     the employer replaces that dismissed employee with an employee in respect of which the employer is eligible to receive the employment tax incentive.