When labour dispute arise between the employer and employee, the employee always find himself or herself at the mercy of the employer who have financial muscle and capacity to bring along experienced directors or representatives.
It is understood that in South Africa labour dispute are resolved by specialist institutions which are created to resolve conflict in the workplace effectively through Conciliation, Mediation and Arbitration.
The key agency over this dispute resolution is the CCMA (Commission for Conciliation, Mediation and Arbitration) which is established for the reasons such as the need for expeditious, efficient and affordable procedures and easily accessible.
Despite the fact that the employees want to ensure that their disputes are resolved without any delay through CCMA, the question of legal representation is not what they are much aware of.
Conciliation:
It is important that employees must know that they may have right, which is not absolute, to have a legal representation considering the Restrictions placed by the Labour Relations Act.
Legal representation is not permitted at conciliation proceedings. The Labour Relations Act places restrictions on the right to be represented during conciliation by a legal representative.
Arbitration:
In terms of Rule 25(1)(c) of the CCMA, parties may appear at arbitration hearings in person or may be represented by:
The above right is not absolute. It is restricted If the dispute being arbitrated is about the fairness of a dismissal and a party has alleged that the reason for the dismissal relates to the employee’s conduct or capacity.
The above restrictions can be relaxed if the parties consent to be legally represented and or if the commissioner concluded that it is unreasonable to expect a party to deal with the dispute without being legally represented.
The Commissioner will also consider the following factors when allowing the legal representation:
The Commissioner will also consider the following factors when allowing the legal representation:
The comparative ability of the opposing parties or their representatives to deal with the dispute.
It is always advisable that when one is facing labour dispute and is to appear before the commission, seeking legal advice if pivotal.