National Union of Metalworkers of South Africa and Others v Hendor Mining Supplies (a division of Marschalk Beleggings (Pty) Ltd)

Hendor Mining Supplies dismissed 42 employees for participating in a strike. NUMSA and the employees successfully challenged the dismissals in the Labour Court, which ordered their reinstatement retrospectively with effect from 1 January 2007 and directed them to report for duty on 23 April 2007. Although the employees tendered their services on that date, Hendor refused to reinstate them and instead pursued unsuccessful appeals. The employees were only reinstated on 29 September 2009. Hendor did not pay remuneration for the period between 1 January 2007 and 28 September 2009. NUMSA and the employees later sought a declaratory order compelling payment of arrear remuneration. Hendor raised prescription, arguing the claims had prescribed after three years.

Leave to appeal was granted. The appeal was upheld. The orders of the Labour Appeal Court and Labour Court were set aside and substituted with an order compelling Hendor to pay arrear remuneration and interest to the employees and to the estates of deceased employees for the relevant periods. Hendor was ordered to pay the applicants’ costs, including the costs of two counsel, in all courts.

The case clarifies that arrear remuneration flowing from a retrospective reinstatement order under the Labour Relations Act constitutes a judgment debt for purposes of prescription. It strengthens employee protections by ensuring that employers cannot avoid payment of back pay through delay and prescription arguments, and it affirms the remedial purpose of reinstatement in South African labour law.