When a workplace dispute reaches the Commission for Conciliation, Mediation and Arbitration (CCMA), most people assume that a certificate or an award marks the end of the road. In practice, it’s often only half the journey. Getting an award on paper is one thing. Making an employer actually pay, reinstate, or comply with it is another matter entirely. Enforcing certified CCMA awards is the real test of whether the process delivers justice.
This article explains, in plain terms, what a certified CCMA award is, why enforcement sometimes stalls, and the practical steps available to a party trying to give the award teeth.
What is a certified CCMA award?
An award is the decision an arbitrator hands down after hearing a dispute at the CCMA. It might order an employer to reinstate an employee, pay compensation, or pay outstanding wages or notice pay.
On its own, an award is a private ruling. It doesn’t automatically carry the same force as a court order. To use the ordinary tools of enforcement, such as a writ of execution or a warrant of attachment, the award must first be certified.
Certification is a short administrative step. A party asks the CCMA to certify the award under the Labour Relations Act. The CCMA director, or a delegated official, checks that the award is final and that no review application has suspended it. Once certified, the award can be enforced in the same way as an order of the Labour Court.
This distinction matters. A party who skips certification and goes straight to a sheriff will usually be turned away, because the sheriff needs a certified document to act on.
Why awards go unpaid
Non-compliance with CCMA awards is common enough that enforcement has become a practice area in its own right. A few recurring reasons explain why:
- The employer has genuinely ceased trading or has no assets. Some businesses close down or become insolvent shortly after losing a case, which limits what enforcement can achieve.
- The employer disputes the award and applies for review. A pending review application at the Labour Court can affect whether the award is enforceable in the meantime, so timing matters.
- The employer simply ignores it. Some employers gamble that the employee won’t pursue enforcement, particularly where amounts are modest or the employee has limited resources or knowledge of the process.
- Administrative delay. Certification itself takes time, and further delay can occur while a writ is prepared and handed to the sheriff.
None of these reasons excuse non-payment. They do, however, shape the strategy a party should follow once an award is in hand.
The certification process, step by step
Certification follows a fairly predictable sequence:
- Confirm the award is final. Check that the 14-day window to apply for a rescission, correction, or clarification has passed, and that no review application is pending that would suspend enforcement.
- Apply for certification. The party, or a representative, submits a request to the CCMA, usually on the prescribed form, along with a copy of the award.
- CCMA verification. An official confirms the award qualifies for certification, then stamps and signs it accordingly.
- Certified award issued. The document is now enforceable as if it were an order of the Labour Court.
This step is procedural rather than adversarial. The CCMA isn’t re-hearing the dispute. It’s simply confirming that the award is ready for enforcement.
Turning a certified award into payment
Once certified, an award can be enforced through the same mechanisms used for civil judgments. The main routes are:
- Writ of execution. The certified award is taken to the sheriff, who is instructed to attach and, if necessary, sell the employer’s movable property to recover the amount owed.
- Attachment of assets. Where movable property is insufficient, immovable property or other assets may be targeted, depending on the value of the award and what the employer owns.
- Garnishee or emoluments attachment. In some cases, money owed to the employer by a third party, or wages owed by the employer to itself where relevant, can be attached directly.
- Contempt proceedings. Where an award involves reinstatement or another form of specific performance rather than a sum of money, and the employer refuses to comply, an application to have the employer held in contempt of the Labour Court may be appropriate.
Choosing the right route depends on what the award actually orders. A sheriff can enforce money awards through a writ of execution. Reinstatement and other non-monetary orders often need a different approach, since a sheriff cannot physically force a business to reinstate someone.
When the employer has disappeared or has no funds
Enforcement is only as effective as the employer’s ability to pay. If a business has closed, moved, or genuinely has no recoverable assets, even a properly certified award may yield little in practice.
In these situations, it’s worth checking whether the individuals behind the business, such as directors in certain circumstances, might carry personal liability. That depends heavily on the specific facts and structure of the company involved. It’s also worth checking the CIPC company register for the business’s current status, since a deregistered or liquidated company changes the enforcement options available.
Time limits and practical timing
Certified awards don’t expire the moment they’re issued, but delay carries real risk. Employers can dissolve, change ownership, or dispose of assets while a party hesitates.
There’s also a broader time limit to keep in mind. Judgments and awards generally have a limited window, often measured in years, within which they remain enforceable before prescription becomes a concern. Anyone holding an award that has sat unenforced for some time should get advice promptly, rather than assuming there’s no rush.
Role of the Labour Court in enforcement disputes
While the CCMA issues and certifies the award, the Labour Court becomes relevant once enforcement runs into resistance. Two common scenarios bring the Labour Court into play:
- Review applications. If the employer applies to review the award, the Labour Court decides whether the award stands, is corrected, or is set aside. This can pause enforcement until the review is resolved.
- Contempt applications. Where an employer defies a reinstatement order or otherwise refuses to comply despite certification, a contempt application to the Labour Court can bring real pressure, including the possibility of penalties against those responsible for compliance.
This dual structure, with the CCMA handling the dispute and certification, and the Labour Court handling contested enforcement, is one reason the process can feel slow to someone unfamiliar with it. Understanding which forum deals with which problem helps avoid wasted steps.
Practical guidance for employees and employers
For an employee or former employee holding an award:
- Apply for certification as soon as the award is final and unchallenged.
- Keep a record of the employer’s known assets, address, and any change in trading status.
- Move to a writ of execution promptly rather than waiting to see if the employer pays voluntarily.
- Get legal advice early if the employer disputes the award or if there are signs the business is winding down.
For an employer facing an award:
- Comply promptly where the award is not being reviewed, since delay only adds legal costs and interest.
- Apply for review within the applicable time limit if there are genuine grounds to challenge the award, rather than simply ignoring it.
- Seek advice before assets are attached, since options narrow considerably once a sheriff is instructed.
Why professional guidance helps
Enforcement is procedural, but it isn’t always straightforward. Missteps cost real time and money: attempting enforcement before certification, misidentifying the correct employer entity, or missing a review deadline.
A firm with experience in labour dispute resolution can confirm whether an award is ready for certification, prepare the correct enforcement documents, and advise on whether contempt or review proceedings are the better route in a given case. Enforcement often means dealing with sheriffs, the CIPC, and the Labour Court in parallel. Having someone coordinate that process tends to produce faster, more reliable results than handling it alone.
Final thoughts
An award from the CCMA is a meaningful outcome, but it only becomes useful once it’s certified and, where needed, enforced through the correct legal channels. Understanding the steps from certification through to writs, attachments, and contempt proceedings puts a party in a far stronger position to see an award actually honoured, rather than left as a document with no practical effect.