CCMA Information

 

What to do if the Employer refuses to comply with a CCMA Award


The CCMA has made a financial or monetary arbitration award in favour of an employee. 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. (section 143 (1) LRA). This does not apply to an advisory award.

 

It very often is the case that the employer refuses to comply with the terms of the award – so what does the employee do? Firstly, it must be noted that, in terms of section 143(3) of the LRA, an award can only be enforced (as if it were an order of the Labour Court) when the award has been certified by the Director of the CCMA.

 

Therefore, 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 & 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.

 

A written statement made by the employee, to certify that the award has been served on the respondent party, must accompany the Form LRA 7.18. The service of the award on the employer is carried out by the employee, and proof of serviced is required – a fax transmission slip, registered letter slip, signature or something of that nature.

 

That statement should include a statement certifying that the respondent has failed to comply with the requirements of the award. Part 3 of the Form is a Writ of Execution, which must be completed by the employee. The employee can also follow the above process, but can bring an application to the Labour Court in terms of section 158(1)(c) of the LRA.

 

The same procedure applies – and the matter is heard by the Labour Court on the motion roll. The award is then made an order of the Court. The application for a Writ of Execution is then made through the Registrar of the Labour Court. In both cases, the Writ is handed to the Sheriff, who will proceed to the premises of the employer, and attach movable property that will be sold and the proceeds paid to the employee in terms of the award.

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

Courses and Workshops

 

                                         

 
 

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Employment Equity Committee Training

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

Tsogo Sun: Century City: Cape Town

27 September 2019

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

Basic Labour Relations

04 September 2019

Emperors Palace: Convention Centre

Compensation for Occupational Injuries and Diseases Course

12 September 2019

Southern Sun: Maharani Towers: Durban

The OHS Act and the Responsibilities of Management

13 September 2019

Southern Sun: Maharani Towers: Durban

19 September 2019

Emperors Palace: Convention Centre

28 November 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Managing Day to Day Issues/ Problem Employees Full day workshop

20 September 2019

Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

AARTO and the Impact on Your Business

03 October 2019

Emperors Palace Convention Centre

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

21 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

22 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

 Our Clients 

 

Android App On Google Play

Android App On Google Play