Are lawyers allowed at the CCMA?
One of the frequently asked questions that gets asked by employers is: ‘When is legal representation allowed at the Commission for Conciliation, Mediation and Arbitration (CCMA)? … However, legal representation at the CCMA is not allowed during conciliation proceedings.
Who can represent you at the CCMA?
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.
Can you have legal representation in arbitration?
Under most national arbitration statutes and institutional arbitration rules, parties are given the right to choose whether they wish to be represented by external counsel or would rather represent themselves (pro se parties).
What cases go to CCMA?
If you are an employee in dispute with your employer, or vice versa, over a matter such as:
- Wages and working conditions;
- Workplace changes;
- Or discrimination.
What should you do in case of unfair dismissal?
If you feel you have been unfairly dismissed by your employer, you should try appealing under your employer’s dismissal or disciplinary procedures. If this does not work, then you may be able to make an appeal to an Industrial Tribunal.
What happens if you ignore the CCMA?
Therefore, when an employer refuses to voluntarily comply with the award, the employee must go back to the CCMA, and complete a form LRA 7.18 (Application to certify CCMA award & Writ of Execution.) A copy of the award must be attached to the Form LRA 7.18. There are no time limitations on this process.
Is the CCMA decision final?
Review of arbitration award or ruling
CCMA awards are final and binding and cannot be appealed against, with two exceptions.
What qualifies as unfair dismissal?
Workplace Issues. In its simplest form, unfair dismissal is when your employment contract is terminated and your employer did not have fair reason to do so. It can also be claimed if your employer did have fair reason but handled your dismissal using the wrong procedure.
What is the compensation for unfair dismissal?
If a tribunal decides you have been unfairly dismissed, you will get compensation which is made up of: a basic award, which is a fixed sum and calculated to a statutory formula. a compensatory award, which is to compensate you for the actual money you have lost as a result of losing your job.
Can I go to arbitration without a lawyer?
The short answer is no, you do not need a lawyer in arbitration. However, because the dispute resolution process is adversarial in nature, and the outcome is often final and affects your rights, you may want a lawyer’s help in preparing and presenting your case.
Who can appear in arbitration?
Section 11 contains provisions regarding the procedure for appointment of arbitrators. A person of any nationality may be an arbitrator unless otherwise agreed to by the parties. The parties are free to agree on a procedure for appointment of an arbitrator or arbitrators.
What are the disadvantages of arbitration?
2.1 The following have often been said to constitute the disadvantages of arbitration: A. There is no right of appeal even if the arbitrator makes a mistake of fact or law. However, there are some limitations on that rule, the exact limitations are difficult to define, except in general terms, and are fact driven.