CEPPWAWU obo Le Fleur v Rotolabel A Division of Bidpaper Plus (Pty) Ltd (C 214/14) [2014] ZALCCT 69; [2015] 2 BLLR 147 (LC); (2015) 36 ILJ 700 (LC) (17 October 2014)

CEPPWAWU obo Le Fleur v Rotolabel A Division of Bidpaper Plus (Pty) Ltd (C 214/14) [2014] ZALCCT 69; [2015] 2 BLLR 147 (LC); (2015) 36 ILJ 700 (LC) (17 October 2014)

The court held that an arbitration award issued under the Labour Relations Act constitutes a 'debt' for the purposes of the Prescription Act and prescribes three years after publication, regardless of whether the award is for reinstatement or compensation. The Labour Relations Act does not exclude the application of the Prescription Act, and the legislative intent, as evidenced by the Labour Relations Amendment Act 2014, is that the Prescription Act applies to such awards. The filing of a review application does not interrupt prescription unless the amendment comes into force. The argument that arbitration awards constitute administrative action and are therefore immune from prescription...

Citation
[2014] ZALCCT 69
Parties
Applicant: CEPPWAWU obo Cyril Le Fleur; Respondent: Rotolabel, a Division of Bidpaper Plus (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
17 October 2014
Case Number
C 214/14
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court Under S 158(1)(c) of the LRA
Outcome
Application dismissed; arbitration award had prescribed.
Judges
Van Niekerk
Legal Topics
Prescription Act Application, Arbitration Award Enforcement, Reinstatement, Review Application, Administrative Action
Labour Law Civil Procedure Prescription Act Application Arbitration Award Enforcement Reinstatement Review Application Administrative Action

Case Brief

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Parties

CEPPWAWU obo Cyril Le Fleur

Applicant

Rotolabel, a Division of Bidpaper Plus (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court Under S 158(1)(c) of the LRA

Legal Issues

  1. 1 Does the Prescription Act apply to arbitration awards issued under the Labour Relations Act?
  2. 2 Does the filing of a review application interrupt prescription of an arbitration award?
  3. 3 Is an arbitration award for reinstatement a 'debt' for the purposes of the Prescription Act?

Ratio Decidendi

The court held that an arbitration award issued under the Labour Relations Act constitutes a 'debt' for the purposes of the Prescription Act and prescribes three years after publication, regardless of whether the award is for reinstatement or compensation. The Labour Relations Act does not exclude the application of the Prescription Act, and the legislative intent, as evidenced by the Labour Relations Amendment Act 2014, is that the Prescription Act applies to such awards. The filing of a review application does not interrupt prescription unless the amendment comes into force. The argument that arbitration awards constitute administrative action and are therefore immune from prescription...

Court Disposition

Application dismissed; arbitration award had prescribed.

Orders

  • The application is dismissed.