(for Employees Facing Unfair Dismissal)
If you’ve been unfairly dismissed and are heading to the Commission for Conciliation, Mediation and Arbitration (CCMA), you may be wondering: Can I bring a lawyer with me? The answer is: Sometimes yes, sometimes no—and understanding when legal representation is allowed, and how to secure it, can make a big difference in your case.
Here are 10 key things to know about legal representation at the CCMA.
At the CCMA, legal representation is generally not permitted in certain types of disputes, particularly those concerning misconduct or incapacity dismissals during arbitration. This rule is intended to keep the process accessible, informal and cost-effective.
Conciliation is the first stage of the CCMA process and is usually a confidential and informal meeting. In most cases, only the parties themselves attend, without legal or union representatives. The aim is to settle the dispute quickly and amicably.
The CCMA may allow legal representation in arbitration if the case involves legal complexities or difficult factual disputes. For example, if the case hinges on interpreting a complex employment contract or legislation, the presence of an attorney may be justified.
If your case falls under the category where legal representation is not automatically allowed (such as misconduct or incapacity), you may formally apply to the commissioner to be legally represented. This is done by submitting a Rule 25(1)(c) application under the CCMA Rules.
If both parties agree to allow legal representation, the commissioner is more likely to grant the application. It’s worth noting this when negotiating early on—especially if the employer has legal or internal HR representation.
Even if both parties agree, the commissioner may still decide against allowing legal representation. They will consider factors such as:
Don’t wait until the day of the hearing. Submit your application for legal representation in advance, preferably with a supporting affidavit. Explain clearly why you believe legal assistance is necessary—especially if you’re not legally trained or if your employer is a large corporate with resources.
Even if legal representation is denied, you may still be represented by a union official, fellow employee, or official from a registered employers’ organisation. This can be a good alternative if legal representation isn’t granted.
Certain matters are considered inherently more complex. In discrimination cases or where the dismissal is allegedly automatically unfair (e.g., due to pregnancy or whistleblowing), legal representation is always permitted.
Even without a lawyer, you are entitled to a fair process. Make sure you prepare your case, gather documents, and practice your submissions. However, if you believe legal help is essential, don’t hesitate to apply for representation and assert your rights under the rules.
In conclusion
Facing the CCMA can be daunting—but you’re not alone. Legal representation is not always allowed, but there are clear avenues to request it, and even if it is denied, you can still present your case effectively with the right support.
If you need assistance preparing for the CCMA, or if you’d like help drafting a representation application, our firm is here to help you navigate the process confidently.