ZWEKLAKHE DEMANDS JUSTICE!

THE FACTS

In January 2016, Zwelakhe Nxumalo was fired from his job at a wheel services company. He believed he had been unfairly dismissed and took the matter to the CCMA.

The employer failed to pitch at the hearing, and Mr Nxumalo was given a default award ((a judgment in favour of a party when the other party has failed to take an action demanded by law). He was awarded R11 520 in April 2016.

Mr Nxumalo then approached the Labour Court for a writ of execution (a judicial order that a judgment be enforced) and took the writ to the Sheriff to serve on the company.

AZIKHIPHI – THAT’S NOT ON!

This is when Mr Nxumalo’s former employers claimed they had no knowledge of the case against them – even though the CCMA had called to inform them, and Mr Nxumalo had delivered the award against them in person.

They stated they would file an application for the rescission (cancellation) of the CCMA award to Mr Nxumalo.

STRIKE BACK LEGALLY

Mr Nxumalo turned to Scorpion Legal Protection for help. Scorpion advised him that he has 14 days to file an opposing affidavit (a written statement of facts made under oath). In the affidavit he must state that the employer was definitely aware that he had filed a case with the CCMA for unfair dismissal. He must also point out that the attempt by his former employer to have the CCMA’s judgment cancelled was made nine months after the judgment had been awarded. Mr Nxumalo’s interests would be unfairly prejudiced if there was any further delay in paying him his money. His next step is to file his opposing affidavit at the Labour Court Legally, this must be done within 14 days of becoming aware that the employer has applied for the rescission of CCMA award.

SCORPION'S CONSUMER TIP

Remember a CCMA award has a prescription period of 3 years, and the longer you wait to enforce the award, the more difficult it is to execute. Mr Nxumalo was wise to act fast.