In a conciliation, an attorney is not allowed to represent his or her client. The reason for this is that the conciliation stage is where both parties try to resolve the dispute between them. … This means that a party cannot use what was said at conciliation at a later stage at the CCMA.
Who can represent an employee at conciliation?
The official of the Employer’s Organisation can represent the employer at both conciliation and arbitration processes.
Can you bring a lawyer to CCMA?
With any other type of dismissal or dispute, legal representation is automatically allowed. However, legal representation at the CCMA is not allowed during conciliation proceedings.
Can a lawyer represent you in arbitration?
You can hire your own lawyer to represent you during arbitration if the subject matter of the arbitration is important or if the amount of money involved is significant. Most people do not hire a lawyer for an arbitration that involves only a small amount of money.
What can I expect at a conciliation?
A conciliation is a meeting between you, your lawyer, a representative of the insurance company, and a Department of Industrial Accidents conciliator. The conciliator will encourage everyone involved to resolve the matter voluntarily. They will try to avoid bringing the case before a judge.
What qualifies as unfair dismissal?
Unfair dismissal is where an employer terminates an employee’s contract without a fair reason to do so. Unfair dismissal can be claimed by the employee if the employer had a fair reason but handled the dismissal using a wrong procedure.
What happens if the employer does not attend conciliation?
If he or she does not attend, the commissioner may dismiss the matter in terms of section 138(5)(a) of the Labour Relations Act 66 of 1995. The effect of this dismissal is that if the employee subsequently wishes to pursue the matter he or she must re-refer the matter, by submitting a new referral form.
How much does CCMA charge for conciliation?
The fee is between R750 and R1500 for each day or part thereof. commissioner finds that a dismissal is procedurally unfair in terms of s140(2) – in addition to the provisions of s194(1). agency’s dispute resolution procedures are not operative.
How binding is a CCMA settlement agreement?
A settlement agreement is binding and if the employer does not comply, the employee may take the necessary steps to ensure that the settlement agreement is complied with. It is advisable that before attending the CCMA you need to consider all feasible options.
How can an employer win a CCMA case?
To win arbitration, you need to:
- Prove you have been dismissed, only if that is in dispute; …
- Once the dismissal is proven the proceedings will turn to the employer to prove the fairness of the dismissal.
- All the employee needs to do is:
Are lawyers needed in arbitration?
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.
Can I represent myself in arbitration?
In arbitration, the rules of evidence and procedure, which governs normal court proceedings, are relaxed to nonexistent. … You may still use legal counsel in an arbitration proceeding or you can represent yourself, but your costs are reduced by avoiding the typical court procedures.
What do lawyers do in arbitration?
Arbitration lawyers help their clients settle disputes out of court. A fast-growing practice area, arbitration is becoming the preferred option for businesses to resolve conflicts. Lawyers specialising in arbitration are in high demand and their roles are becoming increasingly important within dispute resolution.
What are the disadvantages of conciliation?
- The process is not legally binding.
- No decision is guaranteed at the end.
- The process could be considered too informal so parties may not take it seriously.
- No appeals.
- No legal aid.
Is conciliation fair?
Conciliators work for the Fair Work Commission. They are trained and experienced in conciliation, workplace relations and unfair dismissal law. Conciliators are independent and impartial – they are not on the ‘side’ of employees or employers.
Is conciliation confidential?
Conciliation is a ‘confidential’ process in that the President will not consider information about what is said or done in conciliation if the complaint does not resolve and the President is required to make a decision about the complaint. This allows both sides to have an open and frank discussion.