The standard rule relating to costs in civil litigation is that costs follow the result. In other words, the unsuccessful party must pay the costs incurred by the opposing party. The consequence of this principle is that many parties may be hesitant to pursue a case out of fear of an adverse outcome and cost [...]
A significant number of disputes that are referred to the CCMA by union/legal representatives on behalf of employees, as well as by employees themselves, are based on fabrication and unsubstantiated allegations. The reason for this is that it is easy for employees to refer disputes to the CCMA as well as to most other dispute [...]
One of the most frequent questions Respondents ask me as a Legal Advisor is, “Can’t I claim my costs from the Applicant?”. And my response to that is usually a cautious, “It will depend.”, usually leaving the Respondent bewildered and confused. Section 138 (10) of the Labour Relations Act provides that, “The commissioner may [...]