Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Consolidated Collective AgreementAnnexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)Part H: General39. Costs orders and taxation of bills of cost |
| (1) | The basis on which a Council arbitrator may make an order as to costs in any arbitration is regulated by section 138(10) of the Act. |
| (2) | In any arbitration proceedings, the Council arbitrator 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. |
| (3) | A Council arbitrator may make an award of costs in favour of a party who appears or is represented in arbitration in respect of reasonable disbursements actually incurred in the conduct of the case in the arbitration. A Council arbitrator who makes an award in terms of this provision must specify clearly the items and amounts in respect of which costs are ordered. |
| (4) | A Council arbitrator 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. |
| (5) | An award for costs in terms of sub-rule (4) must be in the amount of— |
| (a) | in respect of the first day of an arbitration (including any arbitration concluded in a single hearing) - R7 000-00 (VAT inclusive); |
| (b) | in respect of each additional day of an arbitration - R4 700-00 (VAT inclusive). |
| (6) | An award for costs in respect of a candidate attorney must be 50 percent of the amount set out in sub-rule (5). |
| (7) | The Secretary of the Council may appoint taxing officers to perform the functions of a taxing officer in terms of these Rules. |
| (8) | The taxing officer must tax any bill of costs for services in connection with proceedings in the Council, on Schedule A of the prescribed Magistrates' Courts tariff, in terms of the Magistrates' Courts Act, No. 32 of 1944, unless the parties have agreed to a different tariff. |
| (9) | At the taxation of any bill of costs, the taxing officer may call for any book, document, paper or account that in the taxing officer's opinion is necessary to properly determine any matter arising from the taxation. |
| (10) | Any person requesting a taxation must complete a referral form requesting taxation and must satisfy the taxing officer— |
| (a) | of that party's entitlement to be present at the taxation; and |
| (b) | that the party liable to pay the bill has received notice of the date, time and place of the taxation. |
| (11) | Notwithstanding sub rule (10), notice need not be given to a party— |
| (a) | who failed to appear or to be represented at the hearing: or |
| (b) | who consented in writing to the taxation taking place in that party's absence. |
| (12) | Any decision by a taxing officer is subject to review by the Labour Court. |