The CCMA issued a financial or monetary arbitration award in favour of a staff member. An arbitration award is final and binding – although it is not an employment tribunal order, it can be enforced (subject to certain procedures that are followed) as an employment court order. (section 143 (1) LRA). This is not the case with an advice award. One of the important factors not to be overlooked is whether compensation is deducted from workers` tax (“PAYE”), or whether pay must be deducted from the employer before payment. Failure to deal with it could lead to further disputes. If an employer does not comply with the transaction, an application to convert the agreement into an arbitration award within the meaning of Section 142A of the Employment Relations Act (No. 66 of 1995) (LRA) should be filed with the CCMA. Within the CCMA, transaction agreements are usually concluded during the conciliation phase of the proceedings. As a general rule, an employer party agrees to pay a portion of the work an amount to settle the dispute. After the CCMA has made the settlement agreement an arbitration award, an application may be made for Section 158 of the ARA, namely that the labour tribunal should make arbitration a court order and issue an enforcement order. This letter of execution is then handed over to the sheriff, who will then confiscate the employer`s property.
These assets are then sold by public auction and the amount of compensation is paid. My former employer and I have reached an agreement with the CCMA, the Conciliation, Mediation and Arbitration Commission, but that is not the case. What am I going to do? The labour court responded to Lekwa Local Municipality versus South African Local Government Bargaining Council (SALGBC) e.a. (2017). In that case, the worker and the employer had entered into a settlement agreement with the CCMA, in which the employer agreed to pay the worker compensation of 1,674,149 R 149 to settle the worker`s constructive dismissal claim. An agreement is certainly the cheapest way to resolve a case before it has even been fully initiated by the CCMA. What an employee or employer might sometimes forget is that switching to the CCMA can become a very expensive experience. Lawyers cannot always go into the rooms with the employee. Employers and workers should also remember that they can take care of their own affairs.
(c) to make an arbitral award or settlement agreement a decision of the Court of Justice. A transaction agreement is a written agreement between the parties for a full and final settlement of a valid dispute, which is referred to the CCMA or the bargaining board. Such an agreement has the effect of settling the dispute between the parties and concluding such an agreement at any time during the PROCEEDINGs of the CCMA or the bargaining council. The South African tax consequences of CCMA public procurement, labour court decisions or comparisons related to unfair dismissals and unfair labour practices have been examined by our courts. Disputes are also often resolved by a financial settlement. Section 5 (3) of labour relations Act 66 (amended) (LRA) provides that parties can resolve all labour disputes by agreement. As an employer/worker, the question is whether it is better to resolve a case outside the CCMA or whether they are prepared to take legal action. An application for the arbitration award in 143 (3) must be submitted within three years. An application for review would not make a difference, as an ongoing review is not a lever against the confirmation of an arbitration award, unless a court decision is made for the issuance of the execution.