South Africa Case Law

Moshoeshoe v Department of Justice and Constitutional Development: National (J8/17)

Moshoeshoe v Department of Justice and Constitutional Development: National (J8/17) [2019] ZALCJHB 197 (14 August 2019)

Court

Labour Court Johannesburg

Case number

J8/17

Judge

Swartz

The court found that the merits of the application became moot after the respondent upgraded the applicant's salary. Despite this, the respondent did not tender costs, and the applicant incurred legal expenses due to the respondent's conduct. The applicant's persistence in pursuing costs was neither unreasonable nor mala fide. The requirements of law and fairness were met, justifying a costs order against the respondent for both the costs incurred on 23 May 2017 and 16 July 2019. The application was struck from the roll as it was no longer necessary to determine the merits.

Source excerpt

• Costs Award
• Withdrawal Of Application
• Law And Fairness
• Public Service Regulations

Labe v Legal Aid South Africa and Others (JS895/16)

Labe v Legal Aid South Africa and Others (JS895/16) [2018] ZALCJHB 295 (20 September 2018)

Court

Labour Court Johannesburg

Case number

JS 895/16

Judge

Prinsloo

Leave to appeal was refused in a Labour Court costs matter. The court held that no order as to costs was justified and that no reasonable prospects of success were shown.

• Costs Awards
• Judicial Discretion
• Review Of Taxed Bill
• Leave To Appeal
• Law And Fairness
• Labour-law

Zitha v Commission for Conciliation, Mediation and Arbitration and Others (JR474/14)

Zitha v Commission for Conciliation, Mediation and Arbitration and Others (JR474/14) [2016] ZALCJHB 153 (20 April 2016)

Court

Labour Court Johannesburg

Case number

JR474/14

Judge

Mosime

The Labour Court removed the review application from the roll after withdrawal and declined to award costs, finding the lay applicant acted bona fide and not maliciously.

• Costs Award
• Withdrawal Of Application
• Law And Fairness
• Section 162 Lra
• Labour-court-costs
• Withdrawn-application

Swanepoel and Others v Leica Geosystems AG and Others (J2454/13)

Swanepoel and Others v Leica Geosystems AG and Others (J2454/13) [2014] ZALCJHB 316 (20 August 2014)

Court

Labour Court Johannesburg

Case number

J2454/13

Judge

Tlhotlhalemaje

The court found that the applicants failed to establish reasonable prospects that the Labour Appeal Court would reach a different conclusion regarding the costs order. The applicants had abandoned their main claim against the First Respondent prior to the urgent hearing, and their persistence in seeking a costs order was not justified. The alleged failure to obtain information from the First Respondent did not warrant a costs order, especially in the absence of a substantive application for such information. The court held that the applicants' actions were unreasonable and that the discretion…

Source excerpt

• Costs Award
• Section 197 Transfer
• Court Discretion
• Law And Fairness

City of Cape Town v South African Municipal Workers Union (C 429/2007)

City of Cape Town v South African Municipal Workers Union (C 429/2007) [2008] ZALC 30; [2008] 7 BLLR 618 (LC) ; (2008) 29 ILJ 1886 (LC) (19 March 2008)

Court

Labour Court

Case number

C 429/2007

Judge

G N Moshoana

Labour Court held there should be no order as to costs after an urgent interdict over an alleged unprotected strike, citing fairness and the ongoing relationship.

• Costs Award
• Unprotected Strike
• Interim Interdict
• Law And Fairness
• Ongoing Employment Relationship
• Costs-order

Warner Lambert SA (Pty) Ltd v Chemical Workers Industrial Union and Others (C362/98)

Warner Lambert SA (Pty) Ltd v Chemical Workers Industrial Union and Others (C362/98) [1999] ZALC 49 (26 March 1999)

Court

Labour Court

Case number

C362/98

Judge

Basson

The Labour Court ordered seven identified striking employees to pay costs for an urgent interim interdict after unlawful blockade conduct during a lawful strike.

• Strike Misconduct
• Interim Interdict
• Costs Award
• Law And Fairness
• Urgent Relief
• Labour-law