Xulu v Bruno Quatro Engineering (Pty) Ltd (J440/14) [2015] ZALCJHB 412 (26 November 2015)

Xulu v Bruno Quatro Engineering (Pty) Ltd (J440/14) [2015] ZALCJHB 412 (26 November 2015)

The Labour Appeal Court has clarified that the Prescription Act applies to all arbitration awards issued under the Labour Relations Act, whether compensatory or reinstatement awards. Such awards prescribe after three years from the date of delivery, regardless of certification. In this case, the arbitration award was issued on 20 June 2008, and the contempt application was launched on 10 March 2013, more than three years later. Therefore, the award had prescribed and could not be enforced through contempt proceedings. The application for contempt must be dismissed.

Citation
[2015] ZALCJHB 412
Parties
Applicant: Sicebi Khulanu Xulu; Respondent: Bruno Quatro Engineering (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 November 2015
Case Number
J440/14
Procedural Posture
Contempt Application / Final Judgment
Outcome
Application dismissed due to prescription of the arbitration award.
Judges
Rabkin-Naicker
Legal Topics
Prescription Act Application, Arbitration Award Enforcement, Contempt of Court, Lra Prescription Period
Labour Law Civil Procedure Prescription Act Application Arbitration Award Enforcement Contempt of Court Lra Prescription Period

Case Brief

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Parties

Sicebi Khulanu Xulu

Applicant

Bruno Quatro Engineering (Pty) Ltd

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the Prescription Act applies to arbitration awards issued under the Labour Relations Act.
  2. 2 Whether the arbitration award in favour of the applicant had prescribed at the time of the contempt application.
  3. 3 Whether the respondent was in contempt of the arbitration award.

Ratio Decidendi

The Labour Appeal Court has clarified that the Prescription Act applies to all arbitration awards issued under the Labour Relations Act, whether compensatory or reinstatement awards. Such awards prescribe after three years from the date of delivery, regardless of certification. In this case, the arbitration award was issued on 20 June 2008, and the contempt application was launched on 10 March 2013, more than three years later. Therefore, the award had prescribed and could not be enforced through contempt proceedings. The application for contempt must be dismissed.

Court Disposition

Application dismissed due to prescription of the arbitration award.

Orders

  • The application is dismissed.