After much conflicting decisions, the relationship between the
Prescription Act, 1969 and the Labour Relations Act, 1995, came
under the scrutiny of the Constitutional Court in Myathaza v
Johannesburg Metrolitan Bus Services (SOC) Ltd t/a Metro Bus [2017]
3 BLLR 213 (CC).
The Constitutional Court was required to determine whether the
Prescription Act applied to arbitration awards issued by the CCMA
or statutory bargaining councils.
Both the Labour Court and the Labour Appeal Court held that the
Prescription Act applied to the Labour Relations Act and the
launching of a review application did not interrupt prescription.
However, prescription was interrupted by an application to make the
arbitration award an order of court. Consequently arbitration
awards not made orders of court within the three year period would
prescribe.
