THE FACTS
PHINIAS Mnisi from Brits in the North West contacted the SunDefender saying that they have worked for a security company for years butsaid they had labour issues that forced them to refer their matter to the CCMA.
The commissioner granted the employees a settlement agreement but the employer failed to comply. The settlement was turned into anan award, but the employer hasn’t complied.
They said they wanted to know what they could do to enforce the award.
ADVICE
CCMA award is final and binding, so it may be enforced if the employer refuses to comply.
The employees must go back to the CCMA and complete the LRA 7.18 form (Application to Certify CCMA Award and Writ of Execution). There are no time frames to this process.
A written statement made by the employees to certify that the award has been served on the respondent party, must accompany the form.
It should also include a statement certifying that the respondent has failed to comply with the requirements of the award.
Part 3 of the form (writ of execution) must be completed by the employees.
