Share on LinkedInShare on LinkedIn

ARTICLE · 19 SEPTEMBER 2018

Runaway Mora Interest In Substituted Compensation Orders?

In Malatji v Minister of Home Affairs and Another, the South African Labour Appeal Court ("LAC") had to determine when mora interest ...

South AfricaEmployment and HR

In Malatji v Minister of Home Affairs and Another, the South African Labour Appeal Court ("LAC") had to determine when mora interest (interest accrued on overdue payment) should begin running, in circumstances where the Labour Court had ordered the substitution of an arbitration award granting retrospective reinstatement with an order for the payment of compensation, but had made no provision for the timing of interest.

In essence, the LAC was required to determine whether mora interest should be calculated from the date of the initial arbitration award or from the date on which the arbitration award was reviewed and set aside by the Labour Court.

In this matter, the Department of Home Affairs (the "department") dismissed Mr Malatji as its chief director: legal services after a disciplinary hearing where he was found guilty on various charges. Mr Malatji subsequently referred an unfair dismissal dispute to the General Public Services Sector Bargaining Council ("GP

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from