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Cost awards in labour litigation
Dissertation (LLM (Labour Law))--University of Pretoria, 2023.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613664793591808 |
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| access_status_str | Open Access |
| author2 | Maloka, Tumo |
| author_browse | Maloka, Tumo |
| author_facet | Maloka, Tumo |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Labour Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/94808 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:45.040Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/94808 Cost awards in labour litigation Maloka, Tumo u18012478@tuks.co.za / hilda.thupana.9@gmail.com Thupana, Raesetja Hilda UCTD Adverse cost orders Violent Strikes The Biowatch Trust Shield Constitutional litigation Derailing disciplinary proceedings Dissertation (LLM (Labour Law))--University of Pretoria, 2023. There is no denying that the issue of cost allocation in labour litigation has generally attracted scant scholarly attention. Costs awards play an overarching role in the vindication of constitutional and statutory labour rights. By implication, the advancement of social justice. Section 162 of the Labour Relations Act 66 of 1995 underscores the proposition that in the exercise of judicial discretion as to costs in labour litigation, the chief consideration is striking a fair balance between not duly discouraging workers, employees, unions and employers’ organisations from approaching the labour dispute resolution fora to have their disputes dealt with on the one hand, and deterring parties from engaging in vexatious or frivolous litigation, on the other. A critical aspect of the inquiry is the juridical link between the approach to cost orders in labour dispute settlement and constitutional litigation. The study also explores parallel developments in the United Kingdom. Drawing from case law in which litigants have been mulcted with costs for amongst others, the study identifies new dimensions and questions on the outlook of contemporary labour practice. The study argues that the imposition of punitive cost awards against trade unions in circumstances of violent strikes can operate as one of the effective tools against resort to strike violence. Mercantile Law LLM (Labour Law) Unrestricted Faculty of Laws SDG-16:Peace,justice and strong institutions 2024-02-21T14:46:20Z 2024-02-21T14:46:20Z 2024-05-16 2023 Mini Dissertation * A2024 http://hdl.handle.net/2263/94808 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Adverse cost orders Violent Strikes The Biowatch Trust Shield Constitutional litigation Derailing disciplinary proceedings Cost awards in labour litigation |
| title | Cost awards in labour litigation |
| title_full | Cost awards in labour litigation |
| title_fullStr | Cost awards in labour litigation |
| title_full_unstemmed | Cost awards in labour litigation |
| title_short | Cost awards in labour litigation |
| title_sort | cost awards in labour litigation |
| topic | UCTD Adverse cost orders Violent Strikes The Biowatch Trust Shield Constitutional litigation Derailing disciplinary proceedings |
| url | http://hdl.handle.net/2263/94808 |