NUM obo Majebe v Civil and General Contractors (PA6/19)
NUM obo Majebe v Civil and General Contractors (PA6/19) [2020] ZALAC 56; [2021] 4 BLLR 374 (LAC); (2021) 42 ILJ 1027 (LAC) (17 November 2020)
The Labour Appeal Court held that, following the majority judgment in Pieman’s Pantry, the Prescription Act applies to claims under the LRA, including arbitration awards for reinstatement and backpay, which constitute a 'debt' for prescription purposes. The referral of the dispute to the CCMA and the subsequent review application brought by the respondent interrupted the running of prescription. Since the review application had not been finalised, the arbitration award had not prescribed. The Labour Court erred in finding otherwise and dismissing the application to make the award an order of…
Source excerpt
- Prescription Act
- Arbitration Award Enforcement
- Review Application Interruption
- Unfair Dismissal
- Condonation
- Reinstatement And Backpay