- Title
- The labour court’s approach in awarding costs
- Creator
- Minnie, Wouter
- Subject
- Labour matters
- Subject
- Law of costs
- Subject
- Labour Court
- Date Issued
- 2024-04
- Date
- 2024-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/66151
- Identifier
- vital:74423
- Description
- The unanimous judgment in the CC case of Union for Police Security and Corrections Organisations v South African Custodial Management (Pty) Ltd and Others [2021] ZACC 26, delivered by Judge Khampepe, highlighted the distinct approach to costs in labour matters. While the general rule in litigation is that costs follow the result, the Constitutional Court has consistently emphasised that this principle does not apply in labour disputes, as clarified in the landmark case of Zungu v Premier of the Province of KwaZulu-Natal and Others (CCT136/17) [2018] ZACC 1; (2018) 39 ILJ 523 (CC); [2018] 4 BLLR 323 (CC); 2018 (6) BCLR 686 (CC) (22 January 2018). The court emphasised its constitutional and statutory obligation to depart from the general rule in labour matters. However, section 162 of the LRA provides the LC with the authority to order the payment of costs based on the requirements of the law and fairness. Similarly, section 179 of the LRA grants the LAC the discretion to make cost orders considering the law and fairness. This presents an intriguing legal debate surrounding the interpretation of the LRA provisions and the assertion that costs do not follow the result in labour matters. It raises questions about whether this assertion aligns with sections 162 and 179 of the LRA and whether it applies to labour matters beyond the purview of the LC and LAC, such as disputes rooted in the law of contracts, administrative law or common law which can be adjudicated in alternative forums. This treatise aims to explore the historical development of the South African law of costs, with a particular focus on costs in labour matters. It will critically analyse whether the courts’ approach to costs in labour matters is legally sound, fair and consistent. By delving into these issues, this treatise intends to contribute to the scholarly discussion on costs in labour disputes, assess the appropriateness of the current approach, and propose potential areas for improvement.
- Description
- Thesis (LLM) -- Faculty of Law, Department of Mercantile Law, 2024
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (62 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of XXXX
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
- Hits: 467
- Visitors: 465
- Downloads: 33
Collections
NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Mr Minnie. April 2024.pdf | 520 KB | Adobe Acrobat PDF | View Details Download |