CCMA Award Enforcement
A CCMA award is a binding decision issued by the Commission for Conciliation, Mediation, and Arbitration (CCMA) in South Africa, intended to resolve disputes between employees and employers. However, there are instances where an employer may refuse to comply with the award. If you find yourself in this situation, it is essential to understand your rights and the steps you can take to enforce compliance.
If an employer refuses to comply with a CCMA award, you have several options to enforce it. The CCMA has mechanisms in place to ensure that awards are upheld, but as the successful party, you may need to take action to trigger these mechanisms:
a. Certification of the Award
The first step in enforcing a CCMA award is to apply for its certification. This is done by submitting a request to the CCMA in the form of an affidavit. Once the award is certified, it becomes equivalent to a court judgment and can be enforced through legal channels.
b. Writ of Execution
If the certified award requires the employer to pay compensation or other monetary amounts and they fail to comply, you can approach the Labour Court to obtain a writ of execution. This writ allows the Sheriff of the Court to attach and sell the employer’s assets to satisfy the debt owed under the award.
c. Contempt of Court
If the employer continues to defy the CCMA award, they may be held in contempt of court. Contempt proceedings can be initiated through the Labour Court, and penalties may include fines or even imprisonment for the employer.
How to Challenge a CCMA Award
Employers do have the right to challenge a CCMA award if they believe it was issued in error or is unfair. This process is known as a review application and is different from an appeal.
a. Grounds for Review
An employer may apply to the Labour Court to review the CCMA award under certain circumstances, including:
- Procedural irregularities during the arbitration process.
- Evidence that the arbitrator acted unreasonably or beyond their powers.
- Errors in the application or interpretation of the law.
b. Time Limit for Review
The employer must submit the review application to the Labour Court within six weeks of the CCMA award being issued.
c. Stay of Enforcement
When applying for a review, the employer can also request a stay of enforcement to prevent the employee from executing the award until the Labour Court decides on the review. However, without this stay, the award remains enforceable even during the review process.
What to Do if an Employer Refuses to Comply
If an employer refuses to comply with a CCMA award and has not applied for a review, you can take the following steps:
a. Contact the CCMA
Begin by informing the CCMA of the employer’s non-compliance. They can guide you on the next steps, such as applying for certification of the award.
b. Obtain Legal Assistance
Given the complexity of enforcing awards, it is advisable to seek the assistance of a labor law attorney. They can help you navigate the process and ensure that your rights are protected.
c. Certification and Enforcement
Once the award is certified by the CCMA, take the certified award to the Labour Court to obtain a writ of execution. The court will instruct the Sheriff to attach the employer’s assets to enforce payment.
d. File a Contempt Application
If the employer continues to defy the award, you can initiate contempt of court proceedings through the Labour Court. Employers who fail to comply with a court order risk serious legal consequences.
Common Challenges in Enforcing a CCMA Award
Enforcing a CCMA award is not always straightforward. Here are some common challenges you may face:
a. Employer’s Financial Status
If the employer claims they cannot comply due to financial difficulties, they may try to delay or avoid enforcement. You may need to explore alternative remedies, such as negotiating a payment plan.
b. Employer’s Refusal to Reinstatement
If the CCMA award requires reinstatement, and the employer refuses, the matter may need to be escalated to the Labour Court for further enforcement.
c. Delays in the Legal Process
While the legal process ensures fairness, it can be time-consuming. Working with a skilled attorney can help expedite the process and minimize delays.
A CCMA award is a legally binding decision, and employers are obligated to comply with it. If your employer refuses to adhere to the award, you have the right to take legal action to enforce it. By certifying the award, applying for a writ of execution, or pursuing contempt of court proceedings, you can ensure that your rights are upheld.
At Burger Huyser Attorneys, we specialise in labor law and can assist you with every step of the CCMA award enforcement process. Whether you need help enforcing an award or opposing a challenge, our experienced team is here to provide expert advice and representation.Contact us today to discuss your case and take the next steps toward enforcing your CCMA award.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
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DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE