Former employer has not paid Settlement Agreement

kopite1985

Well-Known Member
Joined
Nov 5, 2008
Messages
100
I wonder if anyone has experienced the same here:

I had taken my former employer to the CCMA for unfair dismissal where we decided to Settle in Conciliation. They were to pay the settlement agreement already and have not done so by the stipulated date in the agreement.

I have heard about referring it to become an Award in Arbitration but I actually have no idea how to proceed from here. I know the CCMA does not get involved at this point.
 

kopite1985

Well-Known Member
Joined
Nov 5, 2008
Messages
100
I decided to use JUSTANSWER.com and have received this advice so far:

Hi there,

You can approach the CCMA and ask them for a written order. They will help you to complete a form to apply for a warrant of execution.

This document is then send to the sheriff of the court to lay claim on property of the employer to sell in auction.

All the costs associated with the execution will also be for the employer.

Usually the tend to pay up as soon as the sheriff shows up with the warrant of execution.


I hope this answered your question.
 

Ancalagon

Honorary Master
Joined
Feb 23, 2010
Messages
16,557
So... would you mind filling us in on the background? I mean, how did they unfairly dismiss you?

Just curious.
 

kopite1985

Well-Known Member
Joined
Nov 5, 2008
Messages
100
So... would you mind filling us in on the background? I mean, how did they unfairly dismiss you?

Just curious.
I was dismissed for charges of working for and/or directing a direct competitor of the company, as well as, enticing employees out of the firm. Which I disputed I was not doing. So the CCMA advised me and the company separately and the company decided to offer settlement which I accepted.
 

Judgewarrick

Well-Known Member
Joined
May 4, 2010
Messages
227
The answer you received is in principal correct on justanswer. I deal with the ccma on a daily basis.
The step missed out is that the ccma cannot just send a writ of execution to sheriff it goes to labour court first they can give the order. Secondly property like computers chairs etc is written up and auctioned if the value is not settled
 
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