Question NW2835 to the Minister of Employment and Labour

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24 November 2020 - NW2835

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

Whether his department has a database of companies that are ignoring verdicts of the Commission for Conciliation, Mediation and Arbitration ruling in favour of workers; if not, why not; if so, what (a)(i) is the name of each company, (ii) are the details of the judgment and (iii) is the date of the verdict in each case and (b) steps is his department taking to intervene in each case?

Reply:

Section 143 of the Labour Relations Act states that an arbitration award issued by a commissioner is final and binding and it may be enforced.

 In the event that a party fails to implement anaward which orders one party to compensate the other a sum of money by a certain date, the party entitled to the compensation may approach the CCMA to certify the award in terms of section 143(3).

 In such instances the certified award is furnished to the local Sheriff, instructing the latter to attach and take into execution the movables of the non-compliant party

For each case where there is non-compliance with the award, CCMA Case Management Officers, in terms of Standard Operating Procedures,contact the non-compliant party telephonically regarding the impending enforcement. This is meant to give the defaulting party a final opportunity to comply with the arbitration award.

Once the enforcement application has been processed the role of the CCMA is to pay for the costs of the enforcement for employees earning below the statutory threshold.