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[2011] ZALCJHB 44
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National Education, Health & Allied Workers Union and Others v Vanderbijlpark Society for the Aged (JS 540/05) [2011] ZALCJHB 44 (14 June 2011)
IN THE LABOUR
COURT OF SOUTH AFRICA
(HELD AT
JOHANNESBURG)
CASE NO: JS
540/05
In
the matter between
NATIONAL
EDUCATION, HEALTH & ALLIED WORKERS UNION
1
st
Applicant
REBECCA
MOLOTSI & 64 OTHERS
2
nd
to 65
th
Applicants
and
VANDERBIJLPARK
SOCIETY FO R THE AGED
Respondent
___________________________________________________________________________
VARIATION OF
ORDER
___________________________________________________________________________
LAGRANGE, J
It has been brought
to my attention that there is an obvious error in the order handed
down in the above judgment of 17 February
2011. Paragraphs [26] to
[28] of the judgment read as follows:
“
[26]
On the matter of costs, there appears to be no ongoing relationship
to consider and the merits of the application were weak.
Consequently
I believe this is an instance in which there is no reason not to
award costs, considering also that the society is
not a profit making
organisation.
Order
[27] The application
for condonation of the late referral of the applicant's statement of
case is dismissed.
[28] No order is
made as to costs.”
It is immediately
apparent from paragraph [27] of the judgment that I did not intend
the respondent to be mulcted in costs, and
what is stated in
paragraph [28] is an obvious error. Accordingly, in terms of
section
165(b)
of the
Labour Relations Act 66 of 1995
, paragraph [28] of the
judgment is replaced with the following paragraph:
“
[28]
The applicants are jointly and severally liable for the respondent’s
costs and are ordered to pay the respondents costs
of opposing the
application, the one paying the others to be absolved.”
ROBERT LAGRANGE
JUDGE OF THE
LABOUR COURT
Date of variation
of order: 14 June 2011