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  • Writer's pictureThe Kaplan Team

NEWSFLASH Legal representation in the CCMA

Updated: Oct 14, 2019

In CCMA matters where a dispute concerns the dismissal of an employee for misconduct or incapacity, legal representation is generally not permitted. The relevant CCMA Rule permits legal representation only where an application for legal representation is made and the relevant commissioner, in his/her discretion, permits legal representation.  

The relatively new Legal Practice Act (“the LPA”) confers on legal practitioners the right to appear in any court or tribunal. In a recent decision in a Bargaining Council matter (Coetzee v Autohaus Centurion), the arbitrator held that, because the Rules of the CCMA are subordinate to the LPA, CCMA commissioners no longer have a discretion regarding the matter of legal representation.  

Legal practitioners can thus represent parties in the CCMA in arbitration proceedings where the relevant dispute concerns the dismissal of an employee for misconduct or incapacity.

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This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.

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