A follower on our Scorpion Legal Protection Facebook page recently asked us “If the CCMA gave the award, what is the next step?” Getting employers to comply with the award is not always easy. Scorpion explains what you can do to get a CCMA award enforced.
Previously, the process to get a CCMA award enforced was long and difficult. You would have to approach the Labour Court to execute a writ for enforcement, get the sheriff to execute it. The sheriff would open an account in the name of the employee and then charge for any work done in attaching and getting the employer’s property to get the money owed to the employee in the award.
Then the Labour Appeal Court heard the matter of CCMA versus MBS Transport CC and Five Others [J1807/2015] and following this case it was decided that the CCMA has the power to enforce awards without the need for a writ to be issued by any court. What this means is that the CCMA can now play a role in enforcing the award.
Get the award certified by the director of the CCMA
It may be that even though you have gone through the process of taking your employer to the CCMA and received an award in your favour, your employer refuses to comply with the award. Your next step is to return to the CCMA and get the award certified by the director of the CCMA. You will need to apply to have the award certified by filling in and submitting LRA Form 7.18 if the award was given by a Commissioner or LRA Form 7.18A if the award was given by a Bargaining Council. The LRA forms must be accompanied by a copy of the commissioner’s award together with proof that the award was served to the employer.
The CCMA will submit the certified award to the Sheriff
Once the award has been certified by the director, the CCMA will issue a writ of execution together with the certified award to the sheriff/deputy. The sheriff/deputy will then execute the award. This means the sheriff can go to the employer’s premises and attach (take) assets like computers, furniture, vehicles and cash that belong to the employer in order to fulfil your award. It’s important to note that the sheriff will still open an account in your name to charge you for the work done in executing your award and getting the money owed to you.
Financial assistance from the CCMA
The CCMA offers financial assistance to those who want to go through the process of getting the sheriff to collect what is owed to them, as described above. However, it is only available to those who earn less than R 211 596.30 per annum. The CCMA may also decide to recover these costs from you, but only after you have been fully paid what is owed to you according to your CCMA award.
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If you have a query, follow Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A (every first Thursday of the month).
* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.