ARTICLE · 19 AUGUST 2020

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Enforcing CCMA Awards Without Further Referrals Explained

SchoemanLaw Inc.

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Employees already have to endure a lengthy and often protracted journey to reach the oasis of a Commission for Conciliation, Mediation and Arbitration (hereinafter ‘CCMA') award in their favour...

South AfricaLitigation, Mediation & Arbitration

Schoemanlaw Inc.

Employees already have to endure a lengthy and often protracted journey to reach the oasis of a Commission for Conciliation, Mediation and Arbitration (hereinafter 'CCMA') award in their favour, only to have to begin the tiresome journey of receiving such award after succeeding with their claim. This plight was recognised in the Labour Courts and resulted in the amendment of the Basic Conditions of Employment Act 75 of 1997 (hereinafter the 'BCEA') as read with the Labour Relations Act 66 of 1995 as amended (hereinafter the 'Act') to extend the CCMA's authority to the compliance process of awards as well.

Prior to this, the CCMA only had the authority to grant awards and not to further follow through with ensuring compliance by the Employer. This meant that victories were often for the most part pointless for successful Employees as they had to expend themselves further if the Employer chose to simply not comply with instructions to pay over compensation awarded by

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