Makaukau v Moiloa and Others (J633/2016) [2016] ZALCJHB 450 (6 December 2016)

Makaukau v Moiloa and Others (J633/2016) [2016] ZALCJHB 450 (6 December 2016)

The Court found that, given the parties had reached agreement on the merits and there were no exceptional circumstances warranting a costs order, it would be inappropriate to award costs for the proceedings held on 15 June 2016 and 8 July 2016. The Labour Court generally refrains from awarding costs unless there are compelling reasons, such as frivolous or vexatious conduct, which were not present in this case.

Citation
[2016] ZALCJHB 450
Parties
Applicant: George Makaukau; Respondent: Ramotshere Moiloa Local Municipality; Respondent: Thomas Phakane
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 December 2016
Case Number
J633/2016
Procedural Posture
Urgent Application / Costs Determination Following Settlement on Merits
Outcome
No order as to costs for the proceedings on 15 June 2016 and 8 July 2016.
Judges
R Harper
Legal Topics
Costs Award, Settlement Agreement, Labour Court Procedure
Labour Law Costs Award Settlement Agreement Labour Court Procedure

Case Brief

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Parties

George Makaukau

Applicant

Ramotshere Moiloa Local Municipality

Respondent

Thomas Phakane

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Settlement on Merits

Legal Issues

  1. 1 Whether the Labour Court should award costs for the proceedings held on 15 June 2016 and 8 July 2016 after the parties settled the merits but failed to agree on costs.

Ratio Decidendi

The Court found that, given the parties had reached agreement on the merits and there were no exceptional circumstances warranting a costs order, it would be inappropriate to award costs for the proceedings held on 15 June 2016 and 8 July 2016. The Labour Court generally refrains from awarding costs unless there are compelling reasons, such as frivolous or vexatious conduct, which were not present in this case.

Court Disposition

No order as to costs for the proceedings on 15 June 2016 and 8 July 2016.

Orders

  • No order is granted in respect of costs for the proceedings held on 15 June 2016.
  • No order is granted in respect of the costs for the proceedings held on 8 July 2016.