24 MONTHS OF YOUR SALARY
Did you know that if you win your unfair dismissal case at the CCMA, the company can take the decision on review to the Labour Court? Meaning that the Company can apply to have the CCMA decision overturned at the Labour Court.
But before the Company can apply to the Labour Court, they must first deposit 24 months of your salary into their Lawyer’s Trust account. This is called “furnishing security”.
This money is kept in their Lawyer’s Trust Account until the case is finalized. This money is kept as as security for your outstanding salary.
The reason why this rule exists is to prevent companies from dragging out the case for years at the Labour Court.
So now before the Company can even prepare a Labour Court case, the company must have the money set aside for the employee.
The amount of money depends on the CCMA case:
If you won reinstatement, then its 24 months;
If you won compensation, then its 12 months.
Employees also have rights and the law must be fair towards both parties.
