Combrink v Doves Funerals (Pty) Ltd and Others (JR3083/06) [2016] ZALCJHB 188 (20 May 2016)

Combrink v Doves Funerals (Pty) Ltd and Others (JR3083/06) [2016] ZALCJHB 188 (20 May 2016)

The court found that the arbitration award under case number MP808/06 had prescribed because the application to make the award an order of court was not served on the respondent within the three-year prescription period following the award's issuance. The stay of enforcement obtained by the respondent did not interrupt the running of prescription, as a review application does not constitute a process whereby the creditor claims payment of the debt. The Labour Appeal Court authority in Myathaza v Johannesburg Metropolitan Bus Service (SOC) Ltd t/a Metrobus and related cases was binding, confirming that only service of an application to make the award an order of court interrupts...

Citation
[2016] ZALCJHB 188
Parties
Applicant: ACC Combrink; Respondent: Doves Funerals (Pty) Ltd; Respondent: CCMA; Respondent: Commissioner RA Dibden
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 May 2016
Case Number
JR3083/06
Procedural Posture
Review Application / Judgment on Application to Make Arbitration Award an Order of Court and to Dismiss Review Application
Outcome
The applications are dismissed.
Judges
Rabkin-Naicker
Legal Topics
Prescription of Arbitration Awards, Enforcement of Arbitration Awards, Review of Arbitration Awards, Labour Relations Act, Interruption of Prescription
Labour Law Civil Procedure Prescription of Arbitration Awards Enforcement of Arbitration Awards Review of Arbitration Awards Labour Relations Act Interruption of Prescription

Case Brief

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Parties

ACC Combrink

Applicant

Doves Funerals (Pty) Ltd

Respondent

CCMA

Respondent

Commissioner RA Dibden

Respondent

Procedural Posture

Review Application / Judgment on Application to Make Arbitration Award an Order of Court and to Dismiss Review Application

Legal Issues

  1. 1 Whether the arbitration award under case number MP808/06 has prescribed.
  2. 2 Whether the stay of enforcement of the award interrupted prescription.
  3. 3 Whether the application to make the award an order of court was served within the prescription period.

Ratio Decidendi

The court found that the arbitration award under case number MP808/06 had prescribed because the application to make the award an order of court was not served on the respondent within the three-year prescription period following the award's issuance. The stay of enforcement obtained by the respondent did not interrupt the running of prescription, as a review application does not constitute a process whereby the creditor claims payment of the debt. The Labour Appeal Court authority in Myathaza v Johannesburg Metropolitan Bus Service (SOC) Ltd t/a Metrobus and related cases was binding, confirming that only service of an application to make the award an order of court interrupts...

Court Disposition

The applications are dismissed.

Orders

  • The applications are dismissed.