How to enforce a CCMA arbitration award
The recent amendments to the LRA
have dramatically simplified the recovery process to enforce an unpaid arbitration
award, in terms of S143.
In the past, if an award was for
performance (reinstatement) or for compensation, an employee had to submit the
old LRA 7.18 form to have a warrant authorised. To prevent prescription of the award,
he or she had to launch S158 proceedings out of the Labour Court to make the
award an order of court.
Now, the amendment introduces a cost
effective and quicker method.
Simply use the new LRA 7.18 form to
CERTIFY THE AWARD. Once certified, a party can send the original certified
award and form directly to the sheriff for execution (monetary) and if there is
non-compliance with performance (reinstatement) a party can simply proceed
with contempt of court proceedings.
Go
here for the form and for more information.
http://www.labour.gov.za/DOL/documents/forms/labour-relations/form-lra-7-18-application-to-certify-council-award-and-writ-of-execution
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