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

Fuming Pitso Blasts Wydad's Antics

87 Jan 20, 2019 09:03 AM in CAF Champions League

Reports: Surprise Name Added To Man Utd Coach Short List

23 Jan 14, 2019 08:29 PM in English Premier League

Chiefs' CAF Journey Ended By Zambian Giants

257 Jan 19, 2019 09:58 PM in CAF Confederation Cup

Female Coach: I Pick My Team Based On Penis Size

40 Jan 18, 2019 12:28 PM in Bundesliga News

Classy Zwane Shines To Lead Downs To First CAF Win

80 Jan 19, 2019 10:54 PM in CAF Champions League

Female Coach: I Pick My Team Based On Penis Size

40 Jan 18, 2019 12:28 PM in Bundesliga News

Pirates’ January Transfer List…

14 Jan 16, 2019 07:04 PM in Siyagobhoza

Pogba & Partner Celebrates Birth Of Their Baby

4 Jan 16, 2019 12:06 PM in Fan Park

Clinical Pirates Move Top Of CAF CL Group

149 Jan 18, 2019 07:56 PM in CAF Champions League

Another Chiefs Star To Miss The Rest Of The Season?

52 Jan 20, 2019 10:03 AM in CAF Confederation Cup

Middendorp Bemoans' Chiefs Schedule After CAF Exit

77 Jan 19, 2019 11:34 PM in CAF Confederation Cup

Exclusive: Two Chiefs Stars Voted In SA’s African Team Of The Year

66 Jan 09, 2019 06:26 PM in African Football

Clinical Pirates Move Top Of CAF CL Group

149 Jan 18, 2019 07:56 PM in CAF Champions League

8 Players Who Could Leave Man Utd

6 Jan 07, 2019 01:32 PM in English Premier League

Downs Linked With Zimbabwean Striker

8 Jan 14, 2019 08:04 PM in Siyagobhoza