n Without Prejudice - A source of frustration : employment law
|Article Title||A source of frustration : employment law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Cliffe Dekker Hofmeyr|
|Publication Date||Nov 2015|
|Pages||22 - 23|
A natural check and balance in litigation comes from the deterrent of being saddled with your opponent's costs if the court dismisses your claim. Whilst you may be able to live with losing your case and paying your own legal costs, the possibility of having to pay your opponent's legal costs has been shown to focus the mind of many a would-be litigant. It has, therefore, been a source of frustration for employers and practitioners that our employment tribunal appears to be reluctant to award costs against unsuccessful applicants.
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