Non payment of CCMA Award

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jackiepitts
Posts: 1
Joined: 23 Mar 2018, 19:08

Non payment of CCMA Award

Unread post by jackiepitts » 26 Mar 2018, 13:34

Please can you verify exactly what needs to happen if an employer fails to pay an award made by the CCMA.

Your website says that the employee needs to to complete and LRA7.18 form which I understand. However, you webpage says the following "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."

What happens if the only communication received is an e-mail from the CCMA with the Arbitration Award? Firstly, this communication has not been certified by a Director of the CCMA so is not a Writ of Execution and secondly, my understanding of your webpage as quoted above is that the employee must provide the CCMA with proof that the award has been served. This would mean that the advisory award sent in an e-mail to the employee is meaningless. The employee needs to get the award certified and prove that it has been delivered to the employer and only then can it be used as a Writ of Execution?

Help please!

IRgunther
Posts: 423
Joined: 21 Jul 2014, 14:54

Re: Non payment of CCMA Award

Unread post by IRgunther » 26 Mar 2018, 19:15

An advisory award is just that; advisory. The employer is not obligated to perform in terms of such an award. An arbitration award, on the other hand, obligates the employer to perform, failing which the employee or his/her representative may approach the Labour Court to have the award made an order of Court, to be executed by the sheriff.

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