THE FACTS
THE reader was booked off sick and on her return she submitted a sick note for light duty.
She was not dismissed for being off sick but due to failure to perform her duties.
Azikhiphi – that’s not on!
The reader won the case at the CCMA and only needed to enforce the award.
Scorpion Legal Protection spoke to the reader and noted that the writ (enforcement award) had expired.
Also, the court sheriff had made three attempts to serve the writ unsuccessfully at the employer’s premises as they were always locked and there was no sign of anyone on the premises.
Scorpion helped the reader to draw a new writ and advised her to go to the Labour Court and have the writ reissued. The reader was advised that once the writ had been reissued, she should go back to the sheriff and request how much it would cost to re-execute the writ.
Our reader struck back legally with Scorpion
The sheriff might request a deposit before any further attempts at execution.
Once the reader has raised the deposit, she must notify Scorpion so we can arrange that she goes with the sheriff to the company premises to eliminate any element of distrust she has against the sheriff.
The reader will do as advised and we await further instructions.
Consumer tip
Scorpion Legal Protection advises people that once they have obtained a CCMA award in their favour, they must make sure the award is enforced without delay.
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