Flashcards on South African Legal Service Procedures
South African Legal Service Procedures: A Student Guide
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Labour Law Enforcement
7 cards
Card 1
Question: What effect did the recent amendments to Section 143 have on enforcement of CCMA arbitration awards?
Answer: They streamlined enforcement mechanisms, making them more effective and accessible to low-earning litigants.
Card 2
Question: How can a certified CCMA award be executed if payment is not made after the Section 143 amendment?
Answer: A certified CCMA award can be presented directly to the sheriff for execution.
Card 3
Question: Before the amendment, what was often required to execute a CCMA arbitration award?
Answer: Parties often needed a writ issued by the Labour Court to enforce the award.
Card 4
Question: How did the amendment change enforcement for awards of reinstatement enforced by contempt proceedings?
Answer: It removed the need to have the arbitration award made an order of the Labour Court before commencing contempt proceedings.
Card 5
Question: Under the recent changes, in terms of which court's rules and tariffs are monetary awards enforced?
Answer: Monetary awards are enforced in terms of the Rules and Tariffs applicable to the Magistrate's Court.
Card 6
Question: Why were the enforcement changes to Section 143 intended to benefit low-earning litigants?
Answer: Because they simplified procedures and reduced the costs of enforcing awards.
Card 7
Question: What uncertainty existed before the amendments regarding CCMA orders?
Answer: There was uncertainty about the CCMA's powers to pass orders that become executable, leading to appeals and inconsistent enforcement routes.