Abdool Samad Cassim v Richards Bay Minerals

The applicant, an individual employee, instituted proceedings in the Labour Court by way of a statement of claim. On its face, the claim concerned an alleged unfair dismissal on the grounds of medical incapacity, a dispute ordinarily subject to compulsory arbitration before the CCMA in terms of the Labour Relations Act (LRA). The respondent raised a special plea challenging the Labour Court’s jurisdiction, relying on section 157(5) of the LRA. After the matter was enrolled for an interlocutory hearing, the parties engaged and agreed that the substantive dispute should be remitted to the CCMA for arbitration. The only issue remaining for determination was costs, as the respondent sought a costs order on the basis that the applicant had improperly approached the Labour Court.

The court made no order as to costs, directing that each party bear its own costs.

This case reinforces the Labour Court’s approach to costs under section 162 of the LRA, underscoring that costs do not automatically follow the result and that fairness is paramount. It highlights the court’s sensitivity to the position of individual employees and the importance of keeping labour dispute resolution mechanisms accessible. The judgment also contains important guidance on the limited legal significance of CCMA certificates of non-resolution and cautions commissioners against recharacterising disputes in a manner that improperly shifts them into adjudication.