Kekana v Department of Health And Welfare: Limpopo (J25368/12) [2014] ZALCJHB 324 (22 July 2014)

Kekana v Department of Health And Welfare: Limpopo (J25368/12) [2014] ZALCJHB 324 (22 July 2014)

The court held that the Prescription Act applies to arbitration awards issued under the Labour Relations Act, as the LRA does not expressly exclude its operation. An arbitration award, including one for reinstatement, constitutes a 'debt' and is subject to a three-year prescription period from the date it is issued. The applicant brought the application to make the award an order of court after the prescription period had lapsed. Equity considerations do not override the statutory prescription period, and the applicant's claim to enforce the award has prescribed. Accordingly, the application must be dismissed.

Citation
[2014] ZALCJHB 324
Parties
Applicant: Mokgaetji Bernice Kekana; Respondent: Department of Health and Welfare: Limpopo
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 July 2014
Case Number
J25368/12
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court; Prescription Point Raised
Outcome
Application dismissed; arbitration award has prescribed.
Judges
E Molahlehi
Legal Topics
Prescription Act Application, Arbitration Award Enforcement, Unfair Dismissal, Reinstatement, Condonation, Equity in Labour Disputes
Labour Law Civil Procedure Prescription Act Application Arbitration Award Enforcement Unfair Dismissal Reinstatement Condonation Equity in Labour Disputes

Case Brief

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Parties

Mokgaetji Bernice Kekana

Applicant

Department of Health and Welfare: Limpopo

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court; Prescription Point Raised

Legal Issues

  1. 1 Does the Prescription Act 68 of 1969 apply to arbitration awards issued under the Labour Relations Act?
  2. 2 Is an arbitration award for reinstatement a 'debt' subject to prescription?
  3. 3 Has the applicant's right to enforce the award prescribed due to lapse of time?

Ratio Decidendi

The court held that the Prescription Act applies to arbitration awards issued under the Labour Relations Act, as the LRA does not expressly exclude its operation. An arbitration award, including one for reinstatement, constitutes a 'debt' and is subject to a three-year prescription period from the date it is issued. The applicant brought the application to make the award an order of court after the prescription period had lapsed. Equity considerations do not override the statutory prescription period, and the applicant's claim to enforce the award has prescribed. Accordingly, the application must be dismissed.

Court Disposition

Application dismissed; arbitration award has prescribed.

Orders

  • The prescription point raised by the respondent is upheld.
  • The arbitration award made on 10 March 2001 under case number PSHS1415 in favour of the applicant has prescribed and the application to make it an order of court is dismissed.