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South Africa Case Law

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Labour Law [2020] ZALAC 56

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)

Court
Labour Appeal Court
Case number
PA6/19
Judges
Phatshoane, Coppin, Kathree-Setiloane

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
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Labour Law [2017] ZALAC 58

South African Transport and Allied Workers' Union obo Masiteng v Scopeful 21 t/a Maluti Bus Services (JA18/2015)

South African Transport and Allied Workers' Union obo Masiteng v Scopeful 21 t/a Maluti Bus Services (JA18/2015) [2017] ZALAC 58 (18 October 2017)

Court
Labour Appeal Court
Case number
JA18/2015
Judges
Coppin, Sutherland, Savage

The Labour Appeal Court held that, following the Constitutional Court's decision in Myathaza, the arbitration award had not prescribed under the Prescription Act. The Court found that either the Prescription Act does not apply to such awards, or, if it does, the award is not a 'debt' as contemplated by the Act. Alternatively, even if prescription applies, the review application interrupted prescription until all legal proceedings were finalised. The respondent's opposition to the appeal was justified until the Constitutional Court clarified the law, after which the respondent withdrew opposit…

Source excerpt

  • Prescription Of Arbitration Awards
  • Section 158 1 C Lra
  • Review Application Interruption
  • Costs Award
  • Application Of Prescription Act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.