Ademulegun v Monothendre (Pty) Ltd t/a GFT Group Fiveways Superspar (JS58/2020)
Ademulegun v Monothendre (Pty) Ltd t/a GFT Group Fiveways Superspar (JS58/2020) [2024] ZALCJHB 123 (11 March 2024)
The court held that contractual claims for unpaid remuneration under the BCEA are debts subject to the Prescription Act, with a three-year prescription period. Each monthly underpayment constitutes a separate debt, and prescription runs from the end of each month when payment was due. The applicant's referral to the CCMA on 28 August 2019 interrupted prescription for claims not already prescribed at that date. Claims relating to the period from January 2011 to 28 August 2016 have prescribed, while claims after 28 August 2016 have not. The court found no basis to order costs, as neither party…
Source excerpt
- Prescription Of Remuneration Claims
- Basic Conditions Of Employment Act
- Judicial Interruption Of Prescription
- Employment Contract Breach