THE FACTS
TREVOR Puoane from Mapetla in Soweto said he had a case awarded in his favour at the CCMA. But his employer refused to comply with the award.
He contacted the SunDefender to ask what other legal options were available to him.
ADVICEWhen the CCMA makes a financial or monetary arbitration award in favour of an employee, that award is final and binding. It can be enforced legally.
The Labour Relations Act stipulates that an award can be enforced when it has been certified by the director of the CCMA.
If an employer refuses to comply with the award, the employee must go back to the CCMA and complete an LRA 7.18 form.
This is an Application to Certify CCMA Award and Writ of Execution form.
A copy of the award must be attached to the LRA 7.18 form so that they can have it certified. There is no time limit on this process.