Work and Employment > Solving Disputes Under the Labour Relations Act (LRA) > Arbitration by the CCMA or Bargaining Council > Who Can Represent Employees and Employers in an Arbitration Procedure at the CCMA or Bargaining Council?
Who Can Represent Employees and Employers in an Arbitration Procedure at the CCMA or Bargaining Council?
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Who Can Represent Employees and Employers in an Arbitration Procedure at the CCMA or Bargaining Council?
Employees can only be represented by a fellow employee, an attorney (where the case does not involve misconduct or incapacity dismissal), a union official or union office bearer. Employers can only be represented by an attorney where the dispute is not a misconduct or incapacity dismissal, an employee of the business, or a representative from an employers’ organisation.
In cases involving dismissal for misconduct or incapacity, attorneys are not allowed unless the commissioner specifically allows this.
Legal aid will only be granted to an employee in cases where the LRA allows for attorneys to be present, and cases where the commissioner specially allows attorneys.
(See: Applying for Legal Aid)
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