TK* and his friend Oarebile* recently got a CCMA award in their favour for a case they lodged against their employer. They had been working at the company on a three-year contract when the company decided to terminate their contracts. They were not given notice of termination. The CCMA found the company guilty and an award was given in their favour, but the company refuses to pay them. What now?!
Scorpion Legal Protection’s advice
If the CCMA has made a monetary award in their favour, TK and his friend Oarebile should have the award certified at the CCMA, and then they can proceed with getting the award enforced via a sheriff. The Labour Guide tells us the following: “An arbitration award is final and binding – although it is not an order of the Labour Court, it may be enforced (subject to certain procedures being complied with) as if it were an order of the Labour Court.”
In terms of section 143(3) of the Labour Relations Act (LRA), an award can only be enforced (as if it were an order of the Labour Court) when it has been certified by the CCMA.
So when an employer refuses to voluntarily comply with the award, the employee must go back to the CCMA and complete a form LRA 7.18 (Application to Certify CCMA Award and Writ of Execution.) A copy of the award must be attached to the Form LRA 7.18. There are no time limitations on this process.
Tips:
- If the employer won’t comply with the CCMA award, don’t give up – you can take it back to the CCMA for the next step in getting them to comply.
- The only way to get a CCMA award enforced is through a sheriff of the court.
Scorpion members have access to our 24-hour Legal Contact Centre and can call us anytime, anywhere for paralegal services. They have peace of mind knowing that, when trouble strikes, they’ve got access to lawyers to represent them in court and help them strike back legally.*
Join Scorpion
* Terms, conditions, limitations and exclusions apply (click here to view the Legal Membership Agreement). This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.