Certified CCMA Enforment Order

**Laura7** · 06-Feb-17, 11:50 AM

Hi there,
I have finally got the CCMA to sign an enforcement order for the default award issued to me last year in August. What I want to know is whether the Employer can refuse to pay out and take more action against me.

I do recall that the company said they would defend the default award when it was issued last year but until now have not lodged any documents to defend the matter.

**HR Solutions** · 06-Feb-17, 01:43 PM

Have you found another job yet ?

**Greig Whitton** · 06-Feb-17, 02:25 PM

Originally Posted by Laura7

I have finally got the CCMA to sign an enforcement order for the default award issued to me last year in August. What I want to know is whether the Employer can refuse to pay out and take more action against me.

They can't just ignore the enforcement order (well, technically they could, but then you could hand the order over to the sheriff for execution). They can, however, challenge the CCMA's judgment by approaching the Labour Court (and, potentially, the Labour Appeal Court thereafter) to have it reviewed.

The primary reason for granting the CCMA the power to enforce awards that it has issued, as if they were Labour Court orders, is to eliminate the need to go to a Labour Court to have a CCMA award enforced. This makes it quicker and less expensive for employees to enforce their rights, while also freeing up the capacity of our Labour Courts.

**Laura7** · 08-Feb-17, 05:42 PM

Hi there,
No I cannot find work, here in South Africa, the affirmative action laws makes it almost impossible for white people to find work.

**Laura7** · 08-Feb-17, 05:43 PM

My attorney will hand the enforcement order to the Sheriff of the Court, and they will do what is necessary. What I want to know is if the company can stop the Sheriff and what action they can take not to pay out the award.

**sterne.law@gmail.com** · 09-Feb-17, 08:36 AM

The sheriff must act on the order.
The company would need to approach the court asking (a) to stay the award and (b) to review the award
The mere fact that they seek a review does not halt the order. It remains active and enforceable.

You say the award was issued in August? Review must be brought within 6 weeks of knowledge of award. If the company received it they are out of time, they would need to apply for condonation for being late.

You can also bring contempt proceedings against the company

**HR Solutions** · 09-Feb-17, 11:55 AM

Originally Posted by Laura7

Hi there,
No I cannot find work, here in South Africa, the affirmative action laws makes it almost impossible for white people to find work.

I am afraid I totally disagree with you. I am in Recruitment and that is just not true. What I can tell you is that companies are wanting people with better and more qualifications and that has become a big stumbling block for a lot of white people. I can go on and on and give you more info, but will step on a lot of toes, but do not think that. If you have a qualification you have a very good chance of getting a job. Obviously if you don't, then its another story !

**Greig Whitton** · 09-Feb-17, 01:32 PM

Originally Posted by HR Solutions

I am afraid I totally disagree with you. I am in Recruitment and that is just not true. What I can tell you is that companies are wanting people with better and more qualifications and that has become a big stumbling block for a lot of white people. I can go on and on and give you more info, but will step on a lot of toes, but do not think that. If you have a qualification you have a very good chance of getting a job. Obviously if you don't, then its another story !

I 100% agree and you shouldn't have to apologise for speaking the truth. I hear the same thing all the time from white business owners - how there are no growth opportunities or sources of funding due to economic empowerment. It's nonsense, and this obsession with blaming affirmative action / economic empowerment / white capital is perpetuating racial divides and distracting from the real issues.

There will always be a demand for exceptional employees and exceptional companies. But it's a lot easier to point the finger of blame outwards instead of admitting that you aren't exceptional and resolving to do something about it.

**HR Solutions** · 09-Feb-17, 03:30 PM

Yep - white people are too quick to blame "affirmative action" when they have not bothered to get out their and get some sort of qualification. I have said this before - Over the last 15 or so years black people have quietly gone out there and studied and bettered themselves while (especially boys) whites have taken a while to adjust to the new SA and have forgotten or have not wanted to improve themselves and now find themselves battling for work.

Please note that I am not saying it is everyone, before someone comes down my throat (I have two children aged 29 and 23). I have insisted that they got degrees when they left school.

**Laura7** · 10-Feb-17, 04:47 PM

Thank you for the honesty. I have qualifications in accounting and writing. I have applied for certain positions but have not been successful due to my race and age. I am 61 so besides having qualifications, I am considered to old. However, I have decided to give up trying, and concentrate on writing. I have a part time job working from home, writing articles for an online publication. For that I am thankful.