Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Dispute Resolution Collective Agreement

Extension of Dispute Resolution Collective Agreement to Non-parties

Annexures

Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)

Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings

34. Costs in arbitration proceedings

Purchase

(1)	In any arbitration proceedings or proceedings arising out of or in the course of an arbitration, the Commissioner may make an order for the payment of costs according to the requirements of law and fairness and, in doing so, should have regard to—

(a)	the measure of success that the parties achieved;

(b)	considerations of fairness that weigh in favour of or against granting a costs order;

(c)	any with prejudice offers that were made with a view to settling the dispute;

(d)	whether a party or his or her representative acted in a frivolous and vexatious manner by proceeding with or defending the dispute in the arbitration or in its conduct during the proceedings;

(e)	the effect that a costs order may have on the continued employment relationship of the parties;

(f)	any agreement concluded between the parties to the arbitration concerning the basis on which costs should be awarded;

(g)	the importance to the parties and the labour community at large of the issues raised;

(h)	any other relevant factor.

(2)	Costs may be ordered either in the form of disbursements or legal costs, not both.

(3)	An order as to costs, in the form of disbursements only, may be made where not all parties are legally represented during the proceedings and, if such costs are ordered, the Commissioner can order costs for only those disbursements he or she deems reasonable in the circumstances.

(4)	In proceedings where all parties are not legally represented a party seeking costs in the form of disbursements must do so during the course of the proceedings and must itemise each claim with supporting documentation. The other party or parties must be afforded an opportunity to oppose the claims.

(5)	Where the Commissioner orders costs in the form of disbursements in proceedings in which not all parties are legally represented, the Commissioner must, in his or her order, specify each item that has been allowed, as well as the amount in respect of each item.

(6)

An order as to costs, in the form of legal costs, can be ordered only if both or all parties to the proceedings are legally represented and such costs are fixed at a rate of R5 000 (five thousand rand) in respect of the first day of the proceedings and R3 000 (three thousand rand) for each additional day of the proceedings. Said amounts are inclusive of VAT.