The constitutional court upheld a CCMA decision yesterday that Tao Ying Metal Industries must pay workers according to minimum wage rules.
The company had been arguing that it was exempt from industry-wide minimum wages set in a 1998 bargaining council agreement.
Previously Tao Ying was part of an Industrial Council agreement from 1980 in which it had applied for and been granted certain exemptions - including one permitting it to pay wages lower than the minimum.
But the Commercial Workers Union of SA brought a case against the company, saying that since the 1998 agreement, the previous exemption was no longer valid.
Cusa claimed that the exemptions were invalid because it had not been consulted prior to their being granted. - Sapa