Challenging A Compliance Order

When an employer receives a compliance order, they essentially have two options:

1. The employer can comply with the compliance order or;
2. The employer can challenge or oppose the compliance order.

This article focuses only on the second option, challenging or opposing the compliance order. When one looks at a compliance order received from the Department of Employment and Labour, the employer essentially has fourteen (14) days to comply with the order, failing which, the Labour Inspector will refer the compliance order to the CCMA to be made an Arbitration Award. Suppose the employer wishes to object to the compliance order being made an Arbitration Award. In that case, the employer must serve and file a notice of objection in terms of CCMA Rule 31B(4) through a formal written affidavit within five (5) days of receipt of the application from the Labour Inspector.