The Western Province Cricket Association (WPCA) has been taken to task following its non-compliance with an arbitration award issued by the Commission for Conciliation, Mediation and Arbitration (CCMA) in April 2019 after the unfair dismissal of an employee of WPCA.

“The unfairly dismissed employee that was reinstated retrospectively by the CCMA in April 2019 has since her reinstatement struggled to get WPCA to fully honour the CCMA arbitration award. Despite several attempts to get WPCA to adhere fully to the terms of the award, the employee has now requested Sport Employees Unite (SEU) to assist her”, says Piet Heymans, CEO of SEU.

“It is unacceptable that an employer does not fully comply with an arbitration award issued by the CCMA. In addition, the monies due to the employee increases by the day as the award determines that all the outstanding payments will attract interest at the prescribed rate of 10,25% per annum that was applicable on 12 April 2019,” says Heymans.

The manner in which WPCA has dealt with this matter has emotionally drained the employee and creates the impression that WPCA has little regard for its employee’s wellbeing and are not serious enough to fully comply with the arbitration award. “The way WPCA management has dealt with this matter is of concern. What makes matters worse is that emails sent by the employee to WPCA management, in which she pleads for compliance and the full payment of all monies due to her, are not even acknowledged or responded to. As a result, we have now referred the arbitration award to the CCMA to be certified and thereafter the CCMA will be requested to assist in enforcing the award including that the Sheriff can then proceed to execute the outstanding part of the arbitration award against WPCA,” concludes Heymans.