Namibian Seaman and Allied Workers Union v Tunacor Group Ltd (98 of 2011) [2011] NALC 24 (19 September 2011)

Namibian Seaman and Allied Workers Union v Tunacor Group Ltd (98 of 2011) [2011] NALC 24 (19 September 2011)

The applicant acted frivolously by failing to ascertain the correct legal entity before instituting proceedings, resulting in manifestly futile litigation against the respondent. A cost order is justified under section 118 of the Labour Act.

Citation
[2011] NALC 24
Parties
Applicant: Namibia Seaman and Allied Workers Union; Respondent: Tunacor Group Limited
Court
Labour Court
Jurisdiction
Namibia
Judgment Date
19 September 2011
Case Number
98 of 2011
Procedural Posture
Urgent Application / Ruling on Costs After Withdrawal
Outcome
cost order against applicant
Legal Topics
Costs, Frivolous Proceedings, Misjoinder
Source Language
English
Labour Law Costs Frivolous Proceedings Misjoinder

Case Brief

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Parties

Namibia Seaman and Allied Workers Union

Applicant

Tunacor Group Limited

Respondent

Procedural Posture

Urgent Application / Ruling on Costs After Withdrawal

Legal Issues

  1. 1 Whether the applicant acted frivolously in instituting proceedings against the wrong party
  2. 2 Whether a cost order should be made against the applicant under section 118 of the Labour Act, Act 11 of 2007

Ratio Decidendi

The applicant acted frivolously by failing to ascertain the correct legal entity before instituting proceedings, resulting in manifestly futile litigation against the respondent. A cost order is justified under section 118 of the Labour Act.

Court Disposition

cost order against applicant

Orders

  • A cost order is given against the applicant.