HomeHome SearchSearch MenuMenu Our productsOur products

Do I need legal representation at CCMA conciliation?

by , 30 September 2014
CCMA conciliation is a dispute resolution process where a Commissioner meets with you and your employee to try to find ways of settling a dispute.

The great thing about conciliation is it can save you time and money.

If you settle the dispute there, you don't have to go to arbitration or the Labour Court where a Commissioner or a judge will make a decision about the dispute.

Now one question our experts always get regarding this process is whether or not employers need legal representation at CCMA conciliation.

Read on to find out the answer...


*********** Recommended Product ************

Get instant samples, templates and checklists to make sure you're implementing labour laws and practices with these free reports

Do you know:

  • These little known ways to reduce absenteeism?
  • Your employees aren't automatically entitled to a bonus?
  • How to get rid of that employee who's not performing?
  • How to solve 40 labour problems that drive other people nuts?
  • All the policies to hire, fire and manage your employees?

Find out now with the five reports you'll get when you sign up to the Labour Law for Managers Subscription Service. Sign up today.

**************************************************

 

No, you don't need legal representation at CCMA conciliation


None of the parties can have legal representation at conciliation proceedings.

Your employee can represent himself. Alternatively, a member or an official of the trade union he belongs to can represent him.

But what about you the employer?

A director or employee in your company can represent you.

If you're a close corporation, a member of the close corporation can be a representative.

Is there anything you can do if your employee shows up at conciliation with a legal representative?

 
If your employee arrives at CCMA conciliation with a representative she's not entitled to, for example, a lawyer, you must object. The Commissioner will then ask the representative to leave.

When it comes to CCMA conciliation, always remember this…
 

Don't be fooled into thinking that, because neither of you will give formal evidence and the Commissioner can't make decisions at conciliation, it's not necessary to prepare, says the Labour Law for Managers Loose Leaf Service.

'You must prepare to have meaningful settlement discussions at conciliation. You must know the full details and background of the matter and, if necessary and appropriate, get a mandate for possible settlement,' adds the Loose Leaf Service.



Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>