Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeRe-enactment and Amendment of Main Collective AgreementAnnexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)Part E : Rules that apply to Conciliations, Arbitrations and Con-arbs23. Who may represent a party at the Council |
| (1) | A party to the dispute may appear in person at any proceedings before the Council or represented by— |
| (a) | a legal practitioner; |
| (b) | a member, official or office bearer of a registered trade union of which the party was a member at the time the dispute arose; |
| (c) | an official or office bearer of a registered employers" organisation, or registered employer federation of which the party was a member at the time the dispute arose; |
| (d) | a director, employee, trustee or partner in a partnership of that party; |
| (e) | another party to the dispute if proceedings are brought or opposed by more than one party. |
| (2) | Notwithstanding sub-rule (1)(a), if the dispute is about the fairness of a dismissal and a party has alleged that the reason for the dismissal relates to the employee"s conduct or incapacity, the parties are not entitled to be represented by practising lawyers in the proceedings unless— |
| (a) | the Council commissioner and the other parties consent; |
| (b) | the Council commissioner concludes that it is unreasonable to expect the party to deal with the dispute without legal representation, after considering— |
| (i) | the nature of the questions of law raised by the dispute; |
| (ii) | the complexity of the dispute |
| (iii) | the public interest; and |
| (iv) | the comparative ability of the opposing parties or their representatives to deal with the dispute. |