[L227] FINANCIAL SECURITY AT THE LABOUR COURT| SOUTH AFRICA

Описание: 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 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 it’s 12 months.
Employees also have rights and the law must be fair towards both parties.


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CONTACT: Aslam Moolla
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.

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=== TIME STAMPS===
00:00 Introduction
00:16 Furnishing Security
00:30 Reasoning for this rule
01:03 Summary


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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act – South Africa


=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice on your specific situation.

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