Maart v CCMA and Others (C673/2016) [2017] ZALCCT 49 (3 August 2017)

Saflii

Automated Summary

Key Facts

The applicant, Kim Maart, was dismissed by Polar Ice Cream (Pty) Ltd. She referred the dispute to the CCMA, where Commissioner Reza Slamang found the dismissal fair. Ms. Maart then applied to the Labour Court to review the arbitration order. The company offered to not oppose the review if she agreed to a fresh arbitration and waived costs. She refused, leading the court to find her conduct unreasonable and order her to pay the company's legal costs. The arbitration order was set aside, and the dispute was remitted for a fresh hearing.

Issues

  • Whether the arbitration order of 26 September 2016 under case number WECT6945/16 should be reviewed and set aside in terms of Section 145 of the Labour Relations Act.
  • Whether the applicant should be ordered to pay the third respondent's costs due to her unreasonable conduct in continuing litigation after the company offered to not oppose the review application and waive costs, as per Section 162 of the Labour Relations Act.

Holdings

  • THE APPLICANT IS ORDERED TO PAY THE THIRD RESPONDENT'S COSTS.
  • THE ARBITRATION ORDER OF 26 SEPTEMBER 2016 UNDER CASE NUMBER WECT6945/16 IS REVIEWED AND SET ASIDE.
  • THE APPLICANT'S UNFAIR DISMISSAL DISPUTE IS REMITTED TO THE CCMA FOR A FRESH ARBITRATION BEFORE A COMMISSIONER OTHER THAN THE SECOND RESPONDENT.

Remedies

  • THE APPLICANT'S UNFAIR DISMISSAL DISPUTE IS REMITTED TO THE CCMA FOR A FRESH ARBITRATION BEFORE A COMMISSIONER OTHER THAN THE SECOND RESPONDENT.
  • THE ARBITRATION ORDER OF 2016-09-26 UNDER CASE NUMBER WECT6945/16 IS REVIEWED AND SET ASIDE.
  • THE APPLICANT IS ORDERED TO PAY THE THIRD RESPONDENT'S COSTS.

Legal Principles

The court applied costs principles under Section 162 of the Labour Relations Act, ordering the applicant to pay the employer's costs for unreasonably continuing litigation after the employer offered to comply with all her demands. The judgment emphasized that the applicant's conduct amounted to malicious and vexatious litigation, justifying the costs award.

Cited Statute

Labour Relations Act

Judge Name

STEENKAMP, J

Passage Text

  • THE APPLICANT'S UNFAIR DISMISSAL DISPUTE IS REMITTED TO THE CCMA FOR A FRESH ARBITRATION BEFORE A COMMISSIONER OTHER THAN THE SECOND RESPONDENT.
  • THE APPLICANT IS ORDERED TO PAY THE THIRD RESPONDENT'S COSTS.
  • THE ARBITRATION ORDER OF 26 SEPTEMBER 2016 UNDER CASE NUMBER WECT6945/16 IS REVIEWED AND SET ASIDE.