The issue in this case was whether an award of the CCMA for reinstatement, which had not been made an order of court or certified by the Commissioner in terms of the Labour Relations Act, constitutes a debt which prescribes after 3 years if not enforced by the employee in whose favour it was made.

The Court held that it does not. In doing so the Constitutional Court settled an old question on which there had been conflicting judgments of the Labour Court.

Read Full Judgement here