The LRA provides that an arbitration award issued by a Commissioner is final and binding and it may be enforced as if it were an order of the Labour Court but only if the Director has certified that the arbitration award is an award contemplated as in subsection 1.
An application to have an arbitration award certified must be made by completing a LRA Form 7. If an arbitration award orders a party to pay a sum of money, the amount can earn interest from the date of the award at the rate prescribed from time to time in respect of a judgment debt in terms of section 2 of the Prescribed Rate of Interest Act, Any arbitration award that has been certified in terms of section of the Act that orders the payment of an amount of money may be enforced by execution against the property of the employer by the Sheriff of the court in the Magistrates district where the employer resides, or conducts business.
If a party fails to comply with an arbitration award that orders the performance of an act rather than payment of money, a party may enforce it by way of contempt proceedings instituted in the Labour Court. A party can appeal the outcome by lodging an application with the Labour Court to review the arbitration award but only if the arbitrator:. Both applications will consist of affidavits and other supporting documents but the review must be in in accordance with the Labour Court rules and the rescission in accordance with the CCMA rules.
If the award is rescinded or set aside, then the matter may have to be arbitrated all over again. It may be a good idea to take advantage of these training programmes to avoid being on the wrong side of a labour dispute.
The commission is obligated to protect the rights of employees and employers, so if you are treating your employees fairly, according to the labour law, you have nothing to be worried about.
To find out more about the CCMA and it's processes, email them at ho ccma. CCMA - Commission for conciliation, mediation and arbitration.
Commission for Conciliation, Mediation and Arbitration. What is the CCMA. What is the purpose of the CCMA? Arbitrate the dispute if required or if the dispute remains unresolved after conciliation or if any party has specifically requested that the dispute be resolved through arbitration.
Conciliation is resolving a dispute through mediation between disputing parties: When a dispute has been referred to the CCMA, it must appoint a Commissioner to attempt to resolve the dispute through mediating and conciliation. The Commissioner must determine an appropriate process to attempt to resolve the dispute and this may include:. Mediating the dispute Conducting a fact finding exercise Making a recommendation to the parties. A party to a dispute may during arbitration: Give evidence Call witnesses and question witnesses of any other party Address concluding or closing arguments to the Commissioner.
If all the parties consent, the Commissioner may suspend the arbitration proceedings and attempt to resolve the dispute through mediation and conciliation. The Commissioner must issue and sign an arbitration award with brief reasons within 14 days of the conclusion of the arbitration proceedings. If the dispute being arbitrated is about the fairness of a dismissal, and a party has alleged that the reason for the dismissal relates to the employees conduct or capacity, the parties to the dispute are not entitled to be represented by a legal practitioner in the arbitration proceedings unless all the parties including the Commissioner consent.
An arbitration award by the CCMA or Commissioner is final and binding and may be made an order of the labour court. An employment contract should be read in its entirely before being accepted. It is important to understand who is considered an employee and what the difference is between permanent, fixed term and an independent contractor.
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