Publication
UK Carbon Border Adjustment Mechanism: how will it work?
In February, we reported on the Department of Energy Security and Net Zero’s confirmation that a UK Carbon Border Adjustment Mechanism (CBAM) would be bought into force by 2027
Global | Publication | November 19, 2015
Arbitration awards made in terms of the Labour Relations Act (LRA) are “debts” in terms of the Prescription Act. Awards affording employees compensation with or without back pay are therefore unenforceable after a period of three years.
In a combined judgment dealing with three appeals, the Labour Appeal Court in Myathaza v Johannesburg Metropolitan Bus Service; Mazibuko v Concor Plant; Cellucity (Pty) Ltd v CWU obo Peters ended the uncertainty whether arbitration awards are extinguished by prescription and if so when. The Court held that the LRA does not prescribe a time limit within which an arbitration award must be enforced. Accordingly the provisions of the Prescription Act must apply.
The Court clarified the position:
It is not uncommon for review applications in the Labour Court to take months (or even years) to be finalised. Employers must be aware that from 1 January 2015 a legal challenge under section 145 to set aside an arbitration award interrupts prescription and extends the shelf-life of these awards.
Assisted by Michaela Bolton.
Publication
In February, we reported on the Department of Energy Security and Net Zero’s confirmation that a UK Carbon Border Adjustment Mechanism (CBAM) would be bought into force by 2027
Publication
International financial markets have started to show significant interest in nature and biodiversity. Whilst climate change and greenhouse gas emissions have made the headlines in recent years, there has been much less focus on their equally important counterparts, nature and biodiversity. However, that has started to change.
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