Public Investment Corporation v More: prescription and discipline
The Labour Court held that the Prescription Act does not bar an employer from bringing internal disciplinary charges, and remitted the unfair dismissal dispute for a new arbitration.
Held
The Labour Court set aside the CCMA award after finding that the commissioners had wrongly applied the Prescription Act to internal disciplinary proceedings. The dispute was remitted for a new arbitration.
Gavin Stansfield shared the firm’s commentary on Public Investment Corporation v More. The court considered whether a disciplinary charge is a “debt” to which the Prescription Act applies. It held that it is not.
The decision did not resolve every question about the fairness of the employee’s dismissal. The court returned the dispute to the CCMA for a new arbitration. The full judgment is available below.
This summary is general commentary on a decision of public record. It does not constitute legal advice, no attorney-client relationship arises from it, and nothing in it should be read as an indication of the outcome of any other matter. Please contact us if you require advice on a particular matter.
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Labour Court judgment (29 pages)
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