Good afternoon, we are busy with retrenchments, and our representatives went to labaour court to dismiss the commissioner ruling.Point in limine1. opposed the employer's legal representative being present during the consultation, as employer did not inform the employees2. the jurisdiction of the commissioner from kzn having been appointed to facilitate the proposed restructure by the company, our company is in jhb.Do they got a case or are they just wasting time, do i need to represen my self as we don't belong to a union.Please help?Thanks
Dear client
Thank you for using just answer.
You are the employee in the matter? and the other party the employer? Please clarify
Thank you
Yes i am the employee.
Dear Client
My answer may not be as favorable as you hoped for.
Legal representation is allowed at the Commission for Conciliation, Mediation and Arbitration (CCMA) in all cases except those concerning dismissals for misconduct and incapacity (as a result of poor performance, ill health or injury). The same principle applies to most Bargaining Councils.
In regards XXXXX XXXXX commissioner the only criteria is if he knows the law and if he is independent. The fact he is from another province will not play a role.
I am of opinion that representing yourself is bad thing. I have never seen in all my years a case won by a person defending himself.
I trust the answer is helpfull and please remember to rate met positively on the quality of the answer.
Experience: BProc, LLB and MBA