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South Africa decisions
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Myoyo v Executive Authority for the Department of Home Affairs and Another (J3156/17) [2021] ZALCJHB 421 (13 November 2021)
The Labour Court made the parties’ draft settlement an order and refused a costs order, finding no bad faith or frivolous conduct by the respondents.
Eastcape Midlands TVET College and Another v National Education, Health and Allied Workers Union (NEHAWU) and Others (P53/19) [2019] ZALCPE 2; [2019] 7 BLLR 691 (LC) (6 March 2019)
The court held that, following the Constitutional Court’s decision in Long v SAB, the default position in the Labour Court is that costs do not follow the result. Instead, the court must consider fairness and the conduct of the parties. In this case, the dispute was settled between the second applicant and the first respondent, including the issue of costs. The first applicant was not party to the settlement agreement, but the respondents did not oppose the matter by affidavit and did not engage in objectionable conduct during proceedings. The court found no reason, based on fairness or condu…
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Zitha v Commission for Conciliation, Mediation and Arbitration and Others (JR474/14) [2016] ZALCJHB 153 (20 April 2016)
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.
Hughes v Lazarus And Co (JS115/2013) [2015] ZALCJHB 270 (17 August 2015)
The Labour Court condoned a 53-day late referral after finding the applicant had given a reasonable explanation for the delay and no costs order was made.
Philander and Others v La Maison (C 596/2013) [2015] ZALCCT 30 (17 April 2015)
The Labour Court dismissed an application for condonation for a late leave-to-appeal application, finding the seven-month delay unexplained and no prospects of success.
South African Airways Technical (SOC) Ltd v South African Transport And Allied Workers Union and Another (J 1960/2013) [2013] ZALCJHB 306; (2014) 35 ILJ 1638 (LC) (8 November 2013)
The court found that the respondents ignored agreed picketing rules and failed to comply despite undertakings and requests for intervention. The applicant was compelled to seek urgent relief due to persistent unlawful conduct. The respondents' agreement to the interim order did not negate the applicant's substantial success. The existence of an ongoing collective bargaining relationship did not outweigh the need for a costs order, as the respondents' conduct was the source of any relationship damage. Law and fairness, as required by section 162 of the Labour Relations Act, justified awarding…
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Mageu Number One (Pty) Ltd v UPASA obo Members and Others (JR936/10) [2012] ZALCJHB 170; (2013) 34 ILJ 2048 (LC) (27 December 2012)
The court found that the Commissioner committed a material error of law by holding that the appeal lodged by UPUSA suspended the effect of its deregistration. The law is clear that deregistration is not suspended by an appeal under section 111 of the LRA. Mr Luthuli, knowing that UPUSA was deregistered, continued to act as its representative in the proceedings, which was improper. The Labour Court, under section 162(3) of the LRA, has the power to award costs against a non-party who represented a party in proceedings. Mr Luthuli's conduct justified a personal costs order against him, jointly…
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Appolo Tyres (Pty) Ltd (Formerly Dunlop Tyres International (Ladysmith) (Pty) Ltd v National Union of Metal Workers of South Africa (NUMSA) and Others (D162/09) [2009] ZALC 104; (2010) 31 ILJ 917 (LC) (29 September 2009)
Labour Court refused to award costs after an urgent interdict dispute over an unprotected strike, holding that law and fairness favoured no costs order.
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