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PreÂscripÂtion of an Arrear Wages Claim
The Labour Appeal Court in Potgieter v Samancor Chrome Ltd [2025] ZALAC 15 confirmed that an arrear wages claim only prescribes once reinstatement occurs, not when reinstatement is ordered. Since the employee’s claim was filed within three years of actual reinstatement, the Court found prescription properly interrupted. The ruling clarifies that reinstatement revives employment first before wages become claimable, protecting employees’ right to arrear pay recovery.

Jonathan Goldberg
Oct 143 min read
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