South Africa Case Law

Hudaco Trading (Pty) Ltd t/a Ambro Steel and Others v Ramothwala (JA18/2023)

Hudaco Trading (Pty) Ltd t/a Ambro Steel and Others v Ramothwala (JA18/2023) [2024] ZALAC 24; (2024) 45 ILJ 1987 (LAC) (26 April 2024)

Court

Labour Appeal Court

Case number

JA18/2023

Judges

Mlambo JP, Nkutha-Nkontwana JA, Jolwana AJA

The Labour Appeal Court held that the institution of review proceedings, even if defective or filed out of time, interrupts the running of prescription in respect of an arbitration award until those proceedings are finalized. The court rejected Hudaco's argument that a late review application without condonation is void ab initio and incapable of interrupting prescription. The court found that prescription could not run while review and appeal processes were pending, and the award remained enforceable. The court also clarified that interest payable is that prescribed for judgment debts, not t…

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• Prescription Of Arbitration Award
• Review Application
• Condonation
• Security For Review
• Interest On Award

Baloi and Another v Maddox Adams International South Africa (Pty) Ltd (J203/16)

Baloi and Another v Maddox Adams International South Africa (Pty) Ltd (J203/16) [2018] ZALCJHB 264 (15 August 2018)

Court

Labour Court Johannesburg

Case number

J203/16

Judge

Nkutha-Nkontwana

The Labour Court held that the applicants’ enforcement claim had prescribed and dismissed their bid to treat the respondent as liable under section 197A of the LRA.

• Prescription Of Arbitration Award
• Transfer Of Business As Going Concern
• Section 197a Lra
• Unfair Dismissal
• Joinder Application
• Labour-law

Nimro 152 (Pty) Ltd t/a Hennenman Pick 'n Pay Mini Market v Makehetha and Others (JR20/10)

Nimro 152 (Pty) Ltd t/a Hennenman Pick 'n Pay Mini Market v Makehetha and Others (JR20/10) [2016] ZALCJHB 217 (14 June 2016)

Court

Labour Court Johannesburg

Case number

JR20/10

Judge

Rabkin-Naicker

The court held that the arbitration award under case number FS2293-09 prescribed on 25 January 2012, as it was not made an order of court within the three-year period required by law. The writ of execution was issued after the award had prescribed, rendering it unenforceable. The prescription point was properly raised in supplementary affidavits and both parties addressed the issue before the court. The Labour Court is bound by the Labour Appeal Court's decision in Myathaza, despite the matter being under appeal to the Constitutional Court. The requirements of section 17 of the Prescription A…

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• Prescription Of Arbitration Award
• Enforceability Of Award
• Special Plea In Motion Proceedings
• Section 17 Prescription Act

Compass Group SA (Pty) Ltd v van Tonder and Others (JR260/13)

Compass Group SA (Pty) Ltd v van Tonder and Others (JR260/13) [2016] ZALCJHB 160; (2016) 37 ILJ 1413 (LC) (2 March 2016)

Court

Labour Court Johannesburg

Case number

JR 260/13

Judge

Steenkamp

The Labour Court held that, as the arbitration award was issued before 1 January 2015, section 145(9) of the LRA did not apply. The review application did not interrupt prescription, and the answering affidavit's prayer to confirm the award as an order of court did not constitute a valid application or process interrupting prescription under section 15 of the Prescription Act. The court was bound by the Labour Appeal Court's decision in Metrobus, which confirmed that, prior to the amendment, review proceedings did not interrupt prescription. Consequently, the arbitration award in favour of th…

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• Prescription Of Arbitration Award
• Review Of Arbitration Award
• Labour Relations Act
• Interruption Of Prescription
• Unfair Dismissal

Top Turf Group (Pty) Ltd v Shezi and Others (D774/05)

Top Turf Group (Pty) Ltd v Shezi and Others (D774/05) [2011] ZALCD 12 (1 January 2011)

Court

Labour Court Durban

Case number

D774/05

Judge

Cele

The Labour Court dismissed leave to appeal, holding the arbitration award had not prescribed and that no reasonable prospects of a different outcome were shown.

• Prescription Of Arbitration Award
• Review Of Arbitration Award
• Leave To Appeal
• Procedural Fairness
• Reinstatement
• Derivative Misconduct

Mpanzama v Fidelity Guards (D560/99)

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

Court

Labour Court

Case number

D560/99

Judge

Pillay

The Labour Court held that an application to make an arbitration award an order of court had prescribed after more than three years and dismissed the matter.

• Prescription Of Arbitration Award
• Enforcement Of Arbitration Award
• Labour Relations Act
• Prescription Act
• Cause Of Action In Labour Disputes
• Prescription-of-arbitration-award