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Post Info TOPIC: CCMA won in favour then Labour court in favour can they appeal
Ome

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CCMA won in favour then Labour court in favour can they appeal
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Hi
I was wondering if anyone can please help me! I went to CCMA for constructive dismisal because of sexual harrasment that I could not take and my empoyer would not do anything about it!
At the CCMA I won in my favour and then my empoyer opposed it and we went to Labour court can they appeal the labour court decission?
Im at my wits ends as this has not only ruined my life but still ruining it and is finacially killing me! Please can someone help me!

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Anonymous

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hi there,

the commisioner's decision is final. only if there has been in an irregularity , may the labour court be approached to have the commissioner decision set aside
on review. if the conflict before the CCMA remains unresolved, the commissioner may then appoint a commissioner  to arbitrate, such application must be made within 90 days of the date that the certificate was issued. the decison of the arbitrator is final and therefore, no appeal lies against awards / decision of the CCMA.
failure to adhere or comply with the arbitration award constitues contempt and may be enforced by contempt proceedngs in the labour court.
only decisions from the labour court may be taken on appeal to the labour appeal court.
therefor if your employer is unhappy with decision of the commisioner, the next step is arbitration...

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Anonymous

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with regards to what I said above, please follow this link as well http://www.labourprotect.co.za/referral_conciliation.htm

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Anonymous

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We went the whole abritration and all then they appealed it and we went to labour court for the appeal against the ccma ruling and now the labour court ruled in my favour as well and now there lawyer said to my lawyer that they waiting for the transcript from the labour court to decide if they appealing the decission that they ruled in my favour!

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Anonymous

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please consult with your lawyer as he / she understands your situation much better. the highest court of appeal with regards to labour issues is the labour appeal court, if there has been any irregularities or one of the parties are unhappy with a ruling, they may approach the labour appeal court, obviously, only if there appeal ios founded.
Good luck!!

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Anonymous

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Thank u so much for your help! Can you maybe answer one more question?
If the court gave them 21 days to pay how long do they have to appeal and what do u mean 'only if thereappeal is ios founded'?

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