Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMAPart Eight : General40. 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 issued by a commissioner; |
| (b) | LRA Form 7.18A in respect of an award issued in an 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) | The amount of money that may be enforced through execution by the Sheriff in terms of this sub-rule (2)(a) shall include– |
| (a) | the amount ordered to be paid in terms of the award; |
| (b) | an award of costs in terms of Section 138(10) read with Rule 39; |
| (c) | an arbitration fee charged in terms of Section 140(2); |
| (d) | any interest on the amount set out in the award, calculated in terms of section 143(2); and |
| (e) | the Sheriff’s costs permitted in terms of the Magistrate’s Court Tariff for Sheriffs. |
| (4) | 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. |