Legal Representation At CCMA

The aim of the CCMA is to restore sound labour and industrial relations in South African companies. Steenkamp Van Niekerk Attorneys has a team of expert attorneys who can assist both employers and employees in their various labour needs.

Are Lawyers Allowed at the CCMA?

Yes, representation is governed by Rule 25 therefore, depending on the stage of the dispute, a labour lawyer may be appointed to represent the different parties on the conditions:

  • after all factors have been considered, the Commissioner may deem it reasonable to allow a party legal representation if it is in the best interest of the public,
  • all other parties involved consent to legal representation,
  • The Commissioner deems that a party will be unfairly disadvantaged in the dispute.

If a party is not satisfied with the arbitration award it can, within 6 weeks thereof, apply to the Labour Court to review the arbitration award, whereby legal representation is permitted.

How to apply for legal representation at the CCMA

If you wish to apply for legal representation at the CCMA, you generally need to follow these steps:

  1. Eligibility: Ensure that your dispute falls within the jurisdiction of the CCMA. The CCMA handles disputes related to unfair dismissals, unfair labour practices, workplace changes, and other labour-related issues.
  2. Attempt Conciliation: Before applying for legal representation or proceeding to arbitration, the parties involved are usually required to attempt conciliation. This involves trying to resolve the dispute through negotiation and mediation facilitated by a CCMA commissioner.
  3. Request for Arbitration: If the conciliation process does not lead to a resolution, and the dispute remains unresolved, either party can request arbitration. This involves applying for a CCMA arbitration hearing.
  4. Notice of Set Down: Once the request for arbitration is accepted, the CCMA will issue a notice of set down, which schedules the date, time, and venue for the arbitration hearing.
  5. Legal Representation Application: If you wish to have legal representation at the arbitration hearing, you typically need to make a formal application. The CCMA has specific rules regarding legal representation, and it is not automatically granted. You may need to demonstrate why representation is necessary.
  6. Complete Form LRA 7.11: To apply for legal representation, you will likely need to complete Form LRA 7.11, which is the CCMA application form for legal representation. This form can usually be obtained from the CCMA or downloaded from their website.
  7. Submit the Application: Submit the completed Form LRA 7.11 to the CCMA well in advance of the arbitration hearing. It’s important to adhere to any deadlines set by the CCMA. A party has 90 days within which to refer that dispute to arbitration from the earlier of the date on which conciliation remains unresolved, or the 30-day conciliation period has expired. 
  8. Wait for Approval: The CCMA will review your application for legal representation and notify you whether it has been approved or denied. If approved, you can proceed with legal representation at the arbitration hearing.

Keep in mind that legal representation at the CCMA is not always allowed for certain types of disputes, and the commissioner may have discretion in granting or denying the application based on the circumstances of the case. It’s advisable to seek legal advice to ensure that you are familiar with the specific rules and procedures of the CCMA.

Legal Representation at the CCMA

Steenkamp Van Niekerk Attorneys offer a host of legal services that include:

  • Labour Relations Compliance
  • Chairing of Disciplinary, Incapacity Hearings
  • Facilitations of Retrenchments
  • CCMA Conciliation
  • CCMA Arbitration
  • Labour Court Litigation
  • Day-to-day advice
  • Legal Audits.
  • Drafting of legal documentation.

Labour Relation Compliance

The labour law requirements are strictly non-negotiable for employers. Violation of labour laws is a serious risk for employees for negative financial impact as well as company reputation. Not all employers are aware of labour law compliance, and as such, a labour lawyer can be appointed. Irrespective of the number of employees, every business owner MUST be labour law compliant.

Our labour lawyers can assist with the following:

  • Drawing up a legally compliant employment contract – generic employment contracts may be available for download on the internet, but they offer minimal protection in the case of disputes. A labour lawyer can assist with drafting an employment contract that complies with all applicable legislation that relates to the company’s specific industry.
  • Assisting with a legal disciplinary code – a legal disciplinary code gives employers an appropriate guideline on how to handle certain offences. These need to be available for employees so that they understand their rights and responsibilities. A labour lawyer can draft a disciplinary code that complies with the labour law.
  • Ensuring legal policies and procedures – a labour lawyer assists employers with putting legal policy documents in place. These documents will ensure the efficient operational running of the business.

Chairing of Disciplinary, Incapacity Hearings

Our team can chair hearings and provide unbiased legal conclusions towards a fair outcome.

Facilitations of Retrenchments

We can facilitate small to large-scale retrenchments to ensure their legality. Using a labour lawyer as a facilitator expedites the process.

CCMA Conciliation and Arbitration

Should legal representation be permitted by the Commissioner, and in such instances where it is necessary, our team can assist with such matters.

Labour Court Litigation

Our team can assist with all matters related to labour court litigation, from applications to general practices.

Steenkamp Van Niekerk Attorneys stands strongly by our clients and offers the best legal advice and services within in various legal categories. We strive to find a fair resolution for all parties involved and always aim for the best possible result. Contact our team for more information.

who are we?
We strongly stand by our clients, no matter what they are going through. Our ability to offer the highest quality service is something we take much pride in, ensuring that we offer our clients only the best there is.

We take pride in our history but also focus on the future, the relationships we have built and are busy building. This makes us dynamic and client orientated, after all that is what you are looking for when selecting an attorney, someone that puts your interests before their own.
Contact Details
012 882 0976
info@svninc.co.za
086 573 3674
44 Sovereign Drive,
Route 21 Corporate Park,
Irene, Gauteng
OFFICE HOURS
Monday - Thursday: 08:00 - 16:30
Fridays: 08:00 - 13:00

Closed on weekends and public holidays