Ms Maria Jane Mogaila was employed by Coca Cola Fortune (Pty) Limited as a stock controller from November 2001 to November 2007. She was dismissed on 26 November 2007 after a disciplinary enquiry found her guilty of assault. She referred a dispute to the CCMA, which held an arbitration hearing on 26 March 2008, finalized on 18 April 2008. On 29 April 2008, the Commissioner found the dismissal procedurally fair but substantively unfair, and ordered Coca Cola to reinstate Ms Mogaila with effect from 2 June 2008, plus six months' back pay of R27,899.40. When Ms Mogaila reported for work on 2 June 2008, she was informed that Coca Cola intended to review the award. She was served with the review application on 9 June 2008. The Labour Court dismissed the review, and a petition to the Labour Appeal Court was dismissed on 2 October 2013. When Ms Mogaila attempted to return to work on 4 November 2013, Coca Cola informed her that the arbitration award had prescribed under the Prescription Act 68 of 1969, as more than three years had elapsed since 29 April 2008. Ms Mogaila then approached the Constitutional Court directly in April 2016.