Register Login Scores

Employer Ignores CCMA Award

Chris* was unfairly dismissed, and took his case to the CCMA. The CCMA ruled in his favour, however, his employer did not abide by the ruling and writ of execution. Later, he was informed that his former employer had applied for appeal at the Labour Court. It’s now a year later and he has not received any communication from the Labour Court about the progress of the case. What can Chris do?

Scorpion Legal Protections advice

Chris can call the CCMA call centre on 0861 16 16 16 with his CCMA case number and they should be able to advise him whether the arbitration award was taken on review. If they are unable to pick up any information, they will refer Chris to the regional office, who would be able to assist. If it is found that the matter has been taken on review, he must get the Labour Court case number, go to the Labour Court and request the file to ascertain the current status of the matter. Depending on the status of the review, he could require legal assistance going forward.

If it is found that the employer has not applied for review, Chris can proceed with a writ of execution. What this means is that he can apply immediately for the arbitration award to be confirmed by the Director of the CCMA and to apply for a writ of execution. Through this writ, the employee (Chris) gets the Labour Court to instruct the sheriff of the court to take possession of the employer’s property and sell it in order to get the award issued by the CCMA as compensation for his unfair dismissal. This writ can be obtained by the employee even if the employer’s application for review is still pending.

* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity. 

You can strike back legally too! Click here for more info. 

** This advertorial is supplied by Daily Sun

nextarticle

Doc: It Has Really Hit Me Hard Because Roger Was A Personal Fr...

3 comments

Top 5

Pirates Claim Spoils In Mini Soweto Derby

16 Nov 18, 2018 04:23 PM in MultiChoice Diski Challenge

Okocha: South Africa Is Not Nigeria's Rivals!

23 Nov 15, 2018 08:00 PM in Bundesliga News

Will Stars Do A Solinas With Middendorp?

6 Nov 17, 2018 10:03 AM in Siyagobhoza

Ballon d'Or Top Three Leaked?

38 Nov 12, 2018 08:33 PM in Ballon d’Or

Nigeria Coach Singles Out One Bafana Player

14 Nov 18, 2018 09:00 AM in Bafana

12 Of The Strangest Contract Requests In Football History

7 Nov 15, 2018 07:15 PM in Messi/Ronaldo/Neymar Watch

Mothiba Rescues Bafana, Nigeria Qualify For Afcon

95 Nov 17, 2018 04:55 PM in Bafana

How Khune’s Value Rocketed To R20m+

38 Nov 15, 2018 10:02 AM in PSL

Dybala: Since Ronaldo Has Arrived At Juve...

4 Nov 14, 2018 06:31 PM in Messi/Ronaldo/Neymar Watch

5 Nominees For BBC African Player Of The Year Announced

4 Nov 17, 2018 09:58 PM in African Football

Man Down As TKO Semis Approach

2 Nov 18, 2018 11:01 AM in Telkom Knockout

The Top Goalscorers In Europe Update

3 Nov 12, 2018 07:33 PM in Messi/Ronaldo/Neymar Watch

Ronaldo: What I Told Angry Higuain After Red Card

9 Nov 12, 2018 08:31 AM in Messi/Ronaldo/Neymar Watch

Khuzwayo To Challenge Soweto Derby Debut For Bucs?

5 Nov 18, 2018 01:32 PM in Telkom Knockout

Popular on Soccer Laduma