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Can I be represented at the arbitration hearing?

Rule 25 of the CCMA Rules provides that in an arbitration hearing a party may appear in person or be represented by a legal practitioner, a director or fellow employee, office- bearer or official of the party’s registered trade union or registered employer’s organisation. However, 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, legal representation is not automatic. Legal practitioners are only allowed in the proceedings unless:

  • The commissioner and all other parties consent; or
  • The commissioner concludes that it is unreasonable to expect a party to deal with the dispute without legal representative.

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