Mpanzama v Fidelity Guards (D560/99) [2000] ZALC 91 (5 September 2000)

Mpanzama v Fidelity Guards (D560/99) [2000] ZALC 91 (5 September 2000)

The court held that the Prescription Act applies to the enforcement of arbitration awards under the Labour Relations Act, as the latter does not prescribe a time limit nor exclude the operation of the Prescription Act. The applicant had three years from the date the arbitration award was published to bring the application. Since the application was brought more than three years after the award, the debt had become prescribed. The court rejected the applicant's argument that the cause of action was the dismissal, finding instead that the arbitration award itself was the cause of action for the present application. Equity does not favour a litigant who fails to act within the prescribed...

Citation
[2000] ZALC 91
Parties
Applicant: T W Mpanzama; Respondent: Fidelity Guards Holdings (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
5 September 2000
Case Number
D560/99
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application dismissed with no order as to costs.
Judges
Pillay
Legal Topics
Prescription of Arbitration Award, Enforcement of Arbitration Award, Labour Relations Act, Prescription Act, Cause of Action in Labour Disputes
Labour Law Civil Procedure Prescription of Arbitration Award Enforcement of Arbitration Award Labour Relations Act Prescription Act Cause of Action in Labour Disputes

Case Brief

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Parties

T W Mpanzama

Applicant

Fidelity Guards Holdings (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the arbitration award can be made an order of court despite the lapse of three years since its publication.
  2. 2 Whether the Prescription Act applies to the enforcement of arbitration awards under the Labour Relations Act.
  3. 3 Whether the cause of action is the dismissal or the arbitration award.

Ratio Decidendi

The court held that the Prescription Act applies to the enforcement of arbitration awards under the Labour Relations Act, as the latter does not prescribe a time limit nor exclude the operation of the Prescription Act. The applicant had three years from the date the arbitration award was published to bring the application. Since the application was brought more than three years after the award, the debt had become prescribed. The court rejected the applicant's argument that the cause of action was the dismissal, finding instead that the arbitration award itself was the cause of action for the present application. Equity does not favour a litigant who fails to act within the prescribed...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application to make the arbitration award an order of court is dismissed.
  • No order as to costs.