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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Private Security Sector

Main Collective Agreement

Dispute Resolution

Part Eight: General

40. Certification and enforcement of arbitration awards

 

(1) An application to have an arbitration award certified must be made on—
(a) LRA Form 7.18 in respect of an award by a commissioner;
(b) LRA Form 7.18A in respect of an award in arbitration conducted under the auspices of a bargaining council.

 

(2) Any arbitration award that has been certified in terms of Section 143 of the Act that—
(a) orders the payment of an amount of money may be enforced by execution against the property of the employer party by the Sheriff of the court in the Magisterial district where the employer party resides, or conducts business;
(b) orders the performance of an act other than the payment of money may be enforced by way of contempt proceedings instituted in the Labour Court.

 

(3) For the purposes of sub-rule (2), an arbitration award includes an award of costs in terms of Section 138(10), a taxed bill of costs in respect of an award of costs and an arbitration fee charged in terms of Section 140(2).

 

(4) The amount of money that may be enforced through execution by the Sheriff in terms of this Rule includes—
(a) The amount that is ordered to be paid in terms of the award;
(b) Any interest on that amount calculated in terms of section 143(2);
(c) The Sheriff's costs permitted in terms of the Magistrate's Court Tariff for Sheriffs.

 

(5) In the event that the CCMA financially assisted the party in whose favour the award was granted in the enforcement or execution thereof, the CCMA may, if the costs of the execution were not realized therein, collect such costs, with interest, directly from the defaulting party.