prescriptionsection 94 Labour Actleave to appealarbitral awardallowancessecondment
Tags
prescriptionleave to appealsecondment allowancescontinuing dispute
legislation
Statutes Cited
Labour Act
Labour Act
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether applicants have prospects of success on appeal against finding that dispute prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Discussions 2004-2010, referral 2010, award set aside 2018"}
{"issue_text":"Whether section 13 Labour Act applies to applicants' situation","issue_type":"law","dispositive":"no","related_facts":"Applicants still employed when approaching arbitrator"}
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background
Facts of the Case
Background
21 employees seconded to DRC 1999-2004 claimed unpaid allowances. After years of discussions, they referred dispute to arbitration. Labour Court set aside award holding claim prescribed. Applicants seek leave to appeal.
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