Labour Law – enforcement of 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 attached 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.

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