City of Cape Town v South African Municipal Workers Union (C429/2007) [2008] ZALCCT 12 (19 March 2008)

City of Cape Town v South African Municipal Workers Union (C429/2007) [2008] ZALCCT 12 (19 March 2008)

The Labour Court, exercising its discretion under section 162 of the Labour Relations Act, must consider both law and fairness when determining costs. Although the applicant was successful in obtaining an interdict against the unprotected strike, the respondent's opposition was not unreasonable, as it relied on a...

Source-derived case information.

Citation
[2008] ZALCCT 12
Parties
Applicant: City of Cape Town; Respondent: South African Municipal Workers Union
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
19 March 2008
Case Number
C429/2007
Procedural Posture
Urgent Application / Costs Determination Following Final Interdict
Outcome
No order as to costs is made.
Judges
G N Moshoana
Legal Topics
Unprotected Strike, Costs Award, Urgency Proceedings, Essential Services Interdict
Labour Law Civil Procedure Unprotected Strike Costs Award Urgency Proceedings Essential Services Interdict

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Summary, issues, holding and outcome

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Parties

City of Cape Town

Applicant

South African Municipal Workers Union

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Final Interdict

Legal Issues

  1. 1 Should the Labour Court issue an order of costs against the respondent following an urgent application to interdict an unprotected strike?
  2. 2 What factors must be considered in determining whether to award costs in labour disputes involving ongoing employment relationships?

Ratio Decidendi

The Labour Court, exercising its discretion under section 162 of the Labour Relations Act, must consider both law and fairness when determining costs. Although the applicant was successful in obtaining an interdict against the unprotected strike, the respondent's opposition was not unreasonable, as it relied on a certificate from the Bargaining Council and relevant case law. There was an ongoing employment relationship, and the dispute was of significant importance to both parties. The respondent did not oppose the final order and called off the strike immediately after the interim interdict was issued. In light of these factors and established authorities, fairness dictates that no order...

Court Disposition

No order as to costs is made.

Orders

  • There is no order as to costs.