THE FACTS
Kay Vincent from Ennerdale, Joburg said he was employed as a firefighter commander and labour relations manager for over 22 years and he was unfairly dismissed in 2006. The case has been dragging on since then and has been on review at the Labour Court. Kay wants to know what the legal process is and who is responsible for representing the employer because the people who initiated the case have long since left the company.
WHAT I DID
I spoke to Scorpion Legal Protection Services lawyers to provide us with their professional advice.
SOLUTION
If the award was in Kay’s favour for compensation only and his employer applied for review but failed to follow up on the review, using this as a delaying tactic, Kay can make an S143 application at the CCMA for a writ and proceed with enforcement.
If the award was in favour of Kay for reinstatement and the employer applied for review but didn’t pursue this as a delaying tactic, Kay must bring a Rule 11 application to dismiss the review and also ask that the award be made an order of court. Once it is made an order of court, a contempt of court application can be brought against the employer.
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