LABOUR LAW – WHAT CONSTITUTES FRIVOLOUS AND VEXATIOUS ito SECTION 118

[27]        I will now turn to the issue of costs, section 118 of the Labour Act reads as follows:

 

‘Despite any other law in any proceeding before it, the Labour Court must not make an order for costs against a party unless that party has acted in a frivolous or vexatious manner by instituting, proceeding with or defending those proceedings.’

 

[26]        In National Housing Enterprise v Beukes and Others, 2009 (1) NR 82 (LC) at 87E-88F Van Niekerk J while dealing with section 20 of the Labour Act 6 of 1992, said the following about . . .

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