The rules of the CCMA that limit legal representation in disputes relating to dismissals for misconduct or incapacity (which form the vast majority of disputes referred to the CCMA) are valid and not unconstitutional.
The High Court caused considerable controversy late last year when it held that the rules of the CCMA that limit legal representation in certain disputes at arbitration were unconstitutional and invalid.
The Supreme Court of Appeal has now overturned this contentious judgment. The automatic right to legal representation in those disputes would be inconsistent with the aim of expeditious and inexpensive dispute resolution, which is the very purpose for the establishment of the CCMA.
