Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Food Retail, Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective AgreementAnnexuresAnnexure G - Rules for Conciliation and Arbitrating Disputes in the Bargaining Council for the Food Retail, Restaurant, Catering and Allied TradesPart E: Rules that apply to Conciliations, Arbitrations and Con-Arbs23. Who may represent a party at the Council |
| (1) | A party may appear in person at any proceedings before the Council or be represented by— |
| (a) | a legal practitioner; |
| (b) | a member, official or office bearer of a registered trade union; |
| (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) | if proceedings are brought or opposed by more than one party, another party to the dispute. |
| (2) | Notwithstanding subrule (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. |