THE FACTS

JOSEPH Muvhango from Giyani, Limpopo, was a security guard from 2002 until he was fired in 2004.

He referred his dismissal to the CCMA, but the union failed to represent him and the CCMA ruling in favour of the employer.

He said after this the union lodged a review application on his behalf at the Labour Court, which referred the matter back to the CCMA to be heard in front of a different commissioner.

But once again the union failed to represent him. He entered into a settlement agreement with the company, which failed to pay him accordingly.

The union assisted him in making the settlement agreement a court order. But it’s no longer helping to get the money due to him and the company is still not paying him.

THE ADVICE

In terms of CCMA procedure, when a settlement agreement is entered into for the payment of money and the employer fails to make payment, the applicant goes back to the CCMA to have the agreement changed into an arbitration award.

Thereafter, on application, the CCMA issues a writ of execution which is taken to the sheriff so he can attach and sell items belonging to the employer to recover money owed to the applicant.

Joseph therefore needs to go back to the CCMA for this writ so that he can be assisted by the sheriff to recover the money owed to him.