Results 1 to 7 of 7

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

  1. #1
    New Member
    Join Date
    Dec 2018
    Location
    JHB
    Posts
    6
    Thanks
    4
    Thanked 0 Times in 0 Posts

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

    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

  2. #2
    Gold Member
    Join Date
    Feb 2016
    Location
    Johannesburg
    Posts
    713
    Thanks
    74
    Thanked 199 Times in 178 Posts
    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.

  3. Thanks given for this post:

    Jellybean (10-Dec-18)

  4. #3
    New Member
    Join Date
    Dec 2018
    Location
    JHB
    Posts
    6
    Thanks
    4
    Thanked 0 Times in 0 Posts
    Thank you for the reply

  5. #4
    Platinum Member
    Join Date
    Oct 2008
    Location
    SA
    Posts
    1,520
    Thanks
    207
    Thanked 84 Times in 80 Posts
    Not sure the actual legal process, did they not \ can they not attach his assets?

  6. Thanks given for this post:

    Jellybean (12-Dec-18)

  7. #5
    New Member
    Join Date
    Dec 2018
    Location
    JHB
    Posts
    6
    Thanks
    4
    Thanked 0 Times in 0 Posts
    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

  8. #6
    Platinum Member
    Join Date
    Oct 2008
    Location
    SA
    Posts
    1,520
    Thanks
    207
    Thanked 84 Times in 80 Posts
    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...

  9. Thanks given for this post:

    Jellybean (12-Dec-18)

  10. #7
    Gold Member
    Join Date
    Feb 2016
    Location
    Johannesburg
    Posts
    713
    Thanks
    74
    Thanked 199 Times in 178 Posts
    Quote Originally Posted by Jellybean View Post
    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.

  11. Thank given for this post:

    AmithS (11-Dec-18), Jellybean (12-Dec-18)

Similar Threads

  1. [Opinion] Unfair dismissal or what?
    By xBrightDiamondX in forum Labour Relations and Legislation Forum
    Replies: 30
    Last Post: 26-Mar-16, 11:09 AM
  2. [Question] unfair dismissal
    By lebgee in forum Labour Relations and Legislation Forum
    Replies: 1
    Last Post: 04-Jul-14, 01:32 PM
  3. Unfair dismissal???
    By Taswell Strydom in forum Labour Relations and Legislation Forum
    Replies: 23
    Last Post: 02-Feb-09, 09:29 PM
  4. [Question] Unfair dismissal
    By jenine in forum General Business Forum
    Replies: 8
    Last Post: 13-Aug-08, 09:10 AM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •