Can you cliam tax back from unpaid labor court award for unfair dismissal ?

**Jellybean** · 08-Dec-18, 11:05 AM

Good Day

Please see if you can help with the following .
I was awarded a default judgement at the labor court in 2013 for R534000 which to date has not been paid by the employer who closed the company in order to prevent paying the award .

having sent sheriff and debit collectors and legal demands the employer still has not paid now with the interest accumulation the award is over R 1 million as opposed to carrying on this fruitless exercise to get the money can I claim the award back from SARS or have them offset it against past and future earnings ?

Regards

Ray

**Andromeda** · 10-Dec-18, 02:38 PM

Hi Ray

No you can't. SARS and the employer are totally unrelated. You should also not pay tax on the award until you receive it.

**Jellybean** · 10-Dec-18, 03:05 PM

Thank you for the reply

**AmithS** · 10-Dec-18, 07:12 PM

Not sure the actual legal process, did they not \ can they not attach his assets?

**Jellybean** · 11-Dec-18, 07:44 AM

The sheriff said he claimed the company is closed and the sheriff accepted that . The next step would mean a legal deposit to be paid for the sheroff in order to again go thru a new legal process of which if successful could mean that he could offer R500 a month and I would have to accept it and should he default in paying I would need to again to court so we looking at 3-5 years in order to get nowere and costs another R300-R500,000

**AmithS** · 11-Dec-18, 09:15 AM

Hmmm, I think sometimes its worth it to try at the least the first round. Set a budget for the max you willing to spend and if it doesn't work out after that... Call it a day...

**Andromeda** · 11-Dec-18, 04:07 PM

Originally Posted by Jellybean

The sheriff said he claimed the company is closed and the sheriff accepted that . The next step would mean a legal deposit to be paid for the sheroff in order to again go thru a new legal process of which if successful could mean that he could offer R500 a month and I would have to accept it and should he default in paying I would need to again to court so we looking at 3-5 years in order to get nowere and costs another R300-R500,000

Just post or private message the company name and I will be able to check if it is in liquidation. Preferably not its trading name; its registered name.

I'm not sure that you can treat a CCMA award as a civil judgement and offer the R500 story. In fact I'm sure you can't. First step is just determine if it is in liquidation. The sheriff wont have a clue.