Posted by: Andy | 2009-01-06

Arbitration Award


I had a lady in my employ from July 07 to Sept 08 to look after my child. I terminated her employment because she took leave for 3 weeks whilst I had to put my child in creche. I gave her a months notice pay (R1200). She accepted the dismissal and notice pay but demanded a bonus. I explained to her that I cannot afford to give her anything else.
When she realised I' m not giving in to her demands she took me to the CCMA for unfair dismissal. She lied to them that she was gone for a week and when she got back I fired her. CCMA ruled in her favour awarding her R3400 for 2months at R1700pm. I applied for a variation as her salary was R1200.

Now my problem is that I' m in a financial crisis and never paid her salary myself. Her salary was paid by my boy' s father. She knows this. I' m over indebted and barely have money left for food at month ends. What will happen if I cannot make the payments and can I go to a court with proof of all my expenses to show them that I cannot pay her.


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Our expert says:
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Arbitration Award cannot go on appeal, you can take it on a review but that is very difficult and expensive. It is suggest you request a chance to pay it off.

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