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.
