An employer should do the following once they have received a compliance order from the Department of Labour or Bargaining council:
- Comply with the compliance order received (consult a SEESA Legal advisor first) within the stipulated time frame mentioned on the compliance order. This time frame is usually 14 days;
- Refer a dispute concerning the compliance order to the CCMA.
Suppose the employer does not comply with the compliance order or does not refer a dispute within the days stipulated on the compliance order. In that case, the Department of Labour will issue a “Confirmatory Notice” confirming the non-compliance and informing you that the matter will be referred to make the compliance order an arbitration award.
The employer will then receive a referral as a “Form 15” in order to make the compliance order an arbitration award by the CCMA. The employer must inform SEESA immediately if they receive the above document in order to file a notice of intention to oppose the application and an answering affidavit in terms of rule 31(5) of the CCMA rules. This must be done within five days of receiving the application.
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