Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building IndustryNorth and West BolandExtension of Collective Agreement to non-partiesAnnexuresAnnexure A: Rules as amended by the CCMA in the Labour Relations Act 66 of 1995 updated on November 2019 shall apply for Building Industry Bargaining Council and as well as any further amendmentsPart 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 arty proceedings before the Council or be 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' organization, 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 dismissed 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 practicing 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— |
| (c) | the nature of the questions of law raised by the dispute; |
| (d) | the complexity of the dispute; |
| (e) | the public interest; and |
| (f) | the comparative ability of the opposing parties or their representatives to deal with the dispute. |