Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMA, 2023Part Eight: General39. Order of costs in an arbitration |
| (1) | In any arbitration proceedings, the commissioner may make an order for the payment of costs according to the requirements of law and fairness and when 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 cost order; |
| (c) | any with prejudice offers that were made with a view to settling the dispute; |
| (d) | whether a party or the person who represented that party in the arbitration proceedings acted in a frivolous and vexatious manner— |
| (i) | by proceeding with or defending the dispute in the arbitration proceedings, or |
| (ii) | in its conduct during the arbitration proceedings; |
| (e) | the effect that a cost order may have on a continued employment relationship; |
| (f) | any agreement concluded between the parties to the arbitration concerning the basis on which costs should be awarded; |
| (g) | the importance of the issues raised during the arbitration to the parties as well as to the labour community at large; |
| (h) | any other relevant factor. |
| (2) | A commissioner may make an award of costs in favour of a party who appears or is represented in arbitration by a person contemplated in Rule 25(1)(a) in respect of reasonable disbursements actually incurred in the conduct of its case in the arbitration. A commissioner who makes an award in terms of this provision must specify clearly the items and amounts in respect of which costs are ordered. |
| (3) | A commissioner may make an award of costs in respect of the legal fees of a party that is represented in an arbitration by a legal practitioner or candidate attorney, only if the other parties to the arbitration were represented by a legal practitioner or candidate attorney. |
| (4) | An award for costs in terms of sub-rule (3) must be in the amount of— |
| (a) | in respect of the first day of an arbitration (including any arbitration concluded in a single hearing) - R 7 000-00 (VAT inclusive); |
| (b) | in respect of each additional day of an arbitration - R 4 700-00 (VAT inclusive). |
| (5) | An award for costs in respect of a candidate attorney must be 50 percent of the amount set out in sub-rule (4). |