Radebe v South African Postal Workers Union and Others (J731/2013) [2014] ZALCJHB 288 (31 July 2014)

Radebe v South African Postal Workers Union and Others (J731/2013) [2014] ZALCJHB 288 (31 July 2014)

The court held that, as the main dispute was resolved prior to the hearing and there was no evidence of misconduct, mala fides, or unreasonable conduct by either party, it would not be fair or lawful to grant a costs order against either side. The relationship between a union member and the union is sensitive, and imposing costs could be destructive to collective harmony. The Labour Court's discretion must be exercised in accordance with law and fairness, and in this case, the amicable resolution of the dispute justified each party bearing its own costs.

Citation
[2014] ZALCJHB 288
Parties
Applicant: Malandela Radebe; Respondent: South African Postal Workers Union; Respondent: Andrew Sithole; Respondent: Kedibone Matteyu; Respondent: David Mangena; Respondent: James Ramabodu; Respondent: Lerato Nchinyane; Respondent: National Executive Council of the South African Postal Workers Union
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 July 2014
Case Number
J731/2013
Procedural Posture
Urgent Application / Costs Determination After Settlement of Main Dispute
Outcome
Application for costs determined; each party to pay their own costs.
Judges
Venter
Legal Topics
Trade Union Governance, Costs Award, Collective Bargaining, Section 158 Lra
Labour Law Trade Union Governance Costs Award Collective Bargaining Section 158 Lra

Case Brief

Summary, issues, holding and outcome

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Parties

Malandela Radebe

Applicant

South African Postal Workers Union

Respondent

Andrew Sithole

Respondent

Kedibone Matteyu

Respondent

David Mangena

Respondent

James Ramabodu

Respondent

Lerato Nchinyane

Respondent

National Executive Council of the South African Postal Workers Union

Respondent

Procedural Posture

Urgent Application / Costs Determination After Settlement of Main Dispute

Legal Issues

  1. 1 Whether a costs order should be made after the main dispute was settled between the parties.
  2. 2 Whether the conduct of the parties justifies a punitive or adverse costs order.
  3. 3 How law and fairness should be applied in determining costs in intra-union disputes.

Ratio Decidendi

The court held that, as the main dispute was resolved prior to the hearing and there was no evidence of misconduct, mala fides, or unreasonable conduct by either party, it would not be fair or lawful to grant a costs order against either side. The relationship between a union member and the union is sensitive, and imposing costs could be destructive to collective harmony. The Labour Court's discretion must be exercised in accordance with law and fairness, and in this case, the amicable resolution of the dispute justified each party bearing its own costs.

Court Disposition

Application for costs determined; each party to pay their own costs.

Orders

  • Each party is to pay their own costs.