The application of the Prescription Act 68 of 1969 to unfair dismissal disputes under the Labour Relations Act 66 of 1995

Abstract

An employee being dismissed is a common occurrence. Once dismissed an employee has the opportunity to refer their dismissal dispute to the appropriate forum. The problem arises once the dispute is adjudicated by the appropriate forum, referred to the Labour Court and now exceeds the three year lifespan. The argument may well be that the dispute then prescribed. The Prescription Act 68 of 1969 regulates the running of prescription. The questions that arise are when prescription will start to run in unfair dismissal disputes and when will the running of prescription be interrupted. The consistency between the Prescription Act 68 of 1969 and the Labour Relations Act 66 of 1995 is important in answering the aforementioned questions.