HRR 704 – RIGHT TO BE REPRESENTED
JOURNAL ARTICLES
1. Database: ISAP by the National Library of South Africa
Title: Expediting commercial arbitration proceedings: recent trends.
Authors: Butler, D.
From: SA mercantile law journal, Vol 6, Issue 3, Nov
Published: 1994
Pages: p.251-290
Subjects: Alternative dispute resolution -- Arbitration proceedings -- Arbitrators roles -Commercial arbitration -- Discovery of documents -- Dispute settlement procedures -Hearings -- Industrial disputes -- Legal representation -- Oral arguments
ISSN: 1015-0099
Indexed by: ISAP
Source: ISAP by the National Library of South Africa
2. Database: ISAP by the National Library of South Africa
Title: Legal representation in labour courts.
Authors: Benjamin, P.
From: Industrial law journal, Vol 6, Issue 2, Jun
Published: 1994
Pages: p.250-260
Subjects: Access to justice -- Access to legal aid -- Agricultural labour courts -Arbitration -- Industrial courts -- Industrial disputes -- Labour courts -- Labour relations -Legal representation -- Statistics
ISSN: 0250-0329
Indexed by: ISAP
Source: ISAP by the National Library of South Africa
3. Database: ISAP by the National Library of South Africa
Title: Employment law update.
Authors: Laubscher, T.
From: De rebus, Vol 3, Issue 422, May
Published: 2003
Pages: p.61
Subjects: Affirmative action -- Case discussions -- Coetzer v Minister of Safety and
Security -- County Fair Foods v CCMA -- Employment Equity Act 55 of 1998 -Employment Equity Plans -- Kasipersad v CCMA -- Legal representation -- Promotion of
employees -- Review of arbitration awards
ISSN: 0250-0329
Indexed by: ISAP
Abstract: Looks at a number of important labour cases as reported in the 2003(2)
volume ofthe ""Butterworths Labour Law Reports"".
Source: ISAP by the National Library of South Africa
4. Database: ISAP by the National Library of South Africa
Title: Will new LRA amendments improve dispute resolution? : legal talk
Authors: Israelstam, I.
From: HR future, Vol 3, Issue 2, Feb
Published: 2003
Pages: p.32-33
Subjects: Amendments -- Arbitration -- Awards -- CCMA -- Con-arb -- Conciliation -Conciliation-arbitration -- Conflict management -- Dismissal -- Dispute resolution -Dispute resolution process -- HRM -- Human resource management -- Labour Relations
Act 66 of 1995 -- LRA -- Pre-dismissal arbitration -- Probation -- Unfair dismissal
ISSN: 1608-8506
Indexed by: ISAP
Abstract: Discusses the effects of the following amended sections of the Labour
Relations Act (LRA): Sections 115, 143(1), 188A, 186(2)(a) and (b), 187(1)(h), 191(5A)
and 194, which pertain to dispute resolution. Comments on the CCMA's administrative
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system and on representation at the CCMA.
Source: ISAP by the National Library of South Africa
Database: ISAP by the National Library of South Africa
Title: Legal representation at the CCMA.
Authors: Van Dokkum, N.
From: Industrial law journal, Vol 21, Issue 21, Apr
Published: 2000
Pages: p.836-845
Subjects: Administrative tribunals -- Arbitration -- CCMA -- Labour Relations Act 66 of
1995 -- Legal practitioners -- Legal representation -- NUMSA -- Public interest -- Right of
appearance -- Unfair dismissals
ISSN: 1023-1765
Indexed by: ISAP
Abstract: Discusses the controversial issue of legal representation at the CCMA. Looks
atsection 140 of Act 66 of 1995.
Source: ISAP by the National Library of South Africa
Database: ISAP by the National Library of South Africa
Title: Case roundup: benefits.
From: Employment law, Vol 16, Issue 2, April
Published: 2000
Pages: p.26-27
Subjects: Benefits -- Case discussions -- Disciplinary hearings -- Legal representation - Unfair labour practice
ISSN: 1024-5987
Indexed by: ISAP
Abstract: Discusses the appointment of legal representation at state expense during a
disciplinary hearing.
Source: ISAP by the National Library of South Africa
Database: ISAP by the National Library of South Africa
Title: Case roundup: invalid rule.
From: Employment law, Vol 20, Issue 2, April
Published: 2004
Pages: p.21
Subjects: Arbitration proceedings -- Arbitration rules -- Case discussions -- CCMA -Legal representation -- Norman Tsie Taxis v Pooe
ISSN: 1024-5987
Indexed by: ISAP
Abstract: Looks at the admissibility of legal representation during CCMA arbitrations
asdiscussed in 2004(3)BLLR 258(LC).
Source: ISAP by the National Library of South Africa
Database: ISAP by the National Library of South Africa
Title: Legal representation at disciplinary hearings : legal opinion
Authors: Rudd, C.
From: HR future, Vol 4, Issue 1360, Nov
Published: 2005
Pages: p.32-33
Subjects: Constitution of the Republic of South Africa Act 108 of 1996 -- Court cases -Court judgements -- Disciplinary hearings -- HRM -- Human resource management -Labour Relations Act 66 of 1986 -- Legal representation -- LRA
ISSN: 1608-8506
Indexed by: ISAP
Abstract: Maintains that it may not be advisable for employers to rely on the wording of
item 4(1) of Schedule 8 of the Labour Relations Act and/or similar wording in their
disciplinary codes and procedures to deny employees the right to legal representation at
internal disciplinary hearings. Refers to court judgements, the common law and the
constitution.
Source: ISAP by the National Library of South Africa
Database: ISAP by the National Library of South Africa
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Title: The trade union's passport into your workplace. Part 1 : labour law
Authors: Israelstam, I.
From: Professional management review, Vol 16, Issue 4, May
Published: 2005
Pages: p.17
Subjects: CCMA -- Commission for Conciliation, Mediation and Arbitration -- Labour
relations -- Labour Relations Act -- LRA -- Organisational rights -- Sufficient
representation
ISSN: 1016-0051
Indexed by: ISAP
Abstract: The first in a series on the trade union's passport into your workplace.
Discusses the concepts of 'organisational rights' and 'sufficient representation' with
reference to the Labour Relations Act's (LRA) guidelines.
Source: ISAP by the National Library of South Africa
Database: ISAP by the National Library of South Africa
Title: ALS to test constitutionality of LRA.
Authors: Whittle, B.
From: De rebus, Vol 7, Issue 358, Nov
Published: 1997
Pages: p.709
Subjects: ALS -- Arbitration proceedings -- CCMA -- Labour Relations Act 66 of 1995 -Representative capacity -- Right to representation -- Unconstitutionality
ISSN: 0250-0329
Indexed by: ISAP
Source: ISAP by the National Library of South Africa
Database: ISAP by the National Library of South Africa
Title: Case roundups: reviews.
From: Employment law, Vol 14, Issue 5, Oct
Published: 1998
Pages: p.23-24
Subjects: Arbitration proceedings -- Case discussions -- CCMA proceedings -Constructive dismissal -- Legal representation -- Right of audience -- Right to
representation
ISSN: 1024-5987
Indexed by: ISAP
Source: ISAP by the National Library of South Africa
Database: ISAP by the National Library of South Africa
Title: Right to representation in domestic tribunals.
Authors: Barrie, G.N.
From: Tydskrif vir die Suid-Afrikaanse reg, Vol 59, Issue 2, Aug
Published: 1996
Pages: p.390-393
Subjects: Audi alteram partem -- Case discussions -- Disciplinary enquiries -Disciplinary tribunals -- Domestic arbitration -- Domestic tribunals -- Fairness -- Legal
representation -- Natural jutice -- Right to representation
ISSN: 0257-7747
Indexed by: ISAP
Source: ISAP by the National Library of South Africa
Database: ISAP by the National Library of South Africa
Title: Spotlight on law : legal representation at disciplinary hearings revisited
Authors: Grealy, P.
From: People dynamics, Vol 13, Issue 10, Oct
Published: 1995
Pages: p.39
Subjects: Disciplinary hearings -- Employees -- Legal representation
ISSN: 1019-6196
Indexed by: ISAP
Abstract: Determines the right of an employee to be afforded legal representation at a
disciplinary hearing.
Source: ISAP by the National Library of South Africa
14. Database: ISAP by the National Library of South Africa
Title: A new labour relations act.
Authors: Olivier, M.P.
From: De rebus, Vol 11, Issue 330, Jun
Published: 1995
Pages: p.357-367
Subjects: Agency shops -- Arbitration -- Bargaining councils -- Closed shop
agreements -- Collective bargaining -- Dismissal definition -- Dispute resolution -- Duty
to bargain -- Employee participation -- Freedom of association -- Industrial action -Labour disputes -- Labour legislation -- Labour relations -- Labour Relations Bill -- Legal
representation -- Lockouts -- Organizational rights -- Procedural fairness -- Prohibited
strikes -- Registration of trade unions -- Right to strike -- Unfair dismissal -- Unfair labour
practice -- Workplace Forums
ISSN: 0250-0329
Indexed by: ISAP
Source: ISAP by the National Library of South Africa
15. Database: ISAP by the National Library of South Africa
Title: Memorandum on the draft labour relations bill.
Authors: Lacob, Z.
From: De rebus, Vol 11, Issue 330, Jun
Published: 1995
Pages: p.368-373
Subjects: Arbitration -- Collective bargaining -- Dismissal of employees -- Duty to
bargain -- Industrial action -- Labour legislation -- Labour relations -- Labour Relations
Bill -- Legal representation -- Majoritarianism -- Mediation -- National Economic
Development and Labour Council -- Organizational rights -- Unfair dismissal -Workplace Forums
ISSN: 0250-0329
Indexed by: ISAP
Source: ISAP by the National Library of South Africa
16. Database: ISAP by the National Library of South Africa
Title: Spotlight on law : legal representation at disciplinary hearings : the ad has spoken
Authors: Gon, S.
From: People dynamics, Vol 13, Issue 2, Feb
Published: 1995
Pages: p.39
Subjects: Disciplinary hearings -- Employees -- Legal representation
ISSN: 1019-6196
Indexed by: ISAP
Abstract: Determines the right of an employee to be afforded legal representation at a
disciplinary hearing.
Source: ISAP by the National Library of South Africa
CASE LAW FROM IR NETWORK
Username: hesma
Password: 531924
Title:
Witness O Sekele and Timken South African (Pty) Ltd (2006) 15 CCMA 7.4.1
Case Law
Arbitration Awards
Location:
CCMA
2006
January
...Dismissal
Rights To Representation procedural fairness in dismissal – rights to
representation – whether legal representation should be allowed - demotion - Labour
Excerpts: Relations Act as amended by...
...rule 25 of Rules: employee may be represented by a legal representative - for poor
performance - investigated reasons for poor performance. - assistance...
Title:
Schoon v The MEC, Department of Finance, Economic Affairs and Tourism
Northern Province & another (2003) 12 HC 1.8.1
Case Law
Court Decisions
High Courts
Location:
High Court
2003
August
...Patel J Subject Practice and Procedure Representation practice and procedure representation - entitlement to legal representation at a disciplinary hearing - chairperson
denied employee legal representation as he considered himself bound by a collective
agreement in...
Excerpts:
...the employer nor the employee may be represented by a legal practitioner” - clause
7.3(e) of resolution no 2 of 1999...
...adopting the stance that he had no discretion to accord legal representation to the
applicant - discretion not properly applied Judgment Patel J...
Title:
MEC: Department of Finance, Economic Affairs & Tourism, Northern Province v
Mahumani (2004) 13 SCA 1.8.1
Case Law
Court Decisions
High Courts
Location:
Supreme Court of Appeal
2004
December
...of Appeal Subject Practice and Procedure
Representation practice and procedure representation - the appellant appeals against the finding that the respondent was...
...circumstances in which it would be unfair not to allow legal representation - it will be for
Excerpts:
the presiding officer to apply his...
...mind to the need for legal representation after considering the circumstances of the case
- held that the...
Title:
TAWUSA obo Semenya and University of North West (2005) 14 CCMA 7.4.1
Case Law
Arbitration Awards
Location:
CCMA
2005
April
...right to representation procedural fairness in dismissal - the right to representation applicant asked the chairperson if he needed to be represented...
Excerpts: ...by a legal person and the chairperson said it was unnecessary - the respondent...
...was afforded legal representation from outside - it was irregular for the chairperson not
to...
...entertain the request by the applicant for legal representation and since the respondent
was afforded legal the same privilege should have been extended to the applicant...
Title:
Jacobs and Eskom (2003) 12 CCMA 8.25.1
Case Law
Arbitration Awards
Location:
CCMA
2004
March
Excerpts:
Title:
...opportunity to state his case - refusal to grant the applicant legal representation led to
grave unfairness and injustice and thus rendered the...
Mazibuko and Ipelegeng Transport Trust (2003) 12 CCMA 1.8.2
Case Law
Arbitration Awards
Location:
CCMA
2003
August
...Moletsane RM Subject Practice and Procedure Representation practice and procedure Excerpts: representation - legal representation at CCMA - right to legal representation in all matters
before CCMA automatic after 2002 amendments to...
Title:
CEPPWAWU obo Nyanga and Mondipak (2003) 12 CCMA 1.8.1
Case Law
Arbitration Awards
Location:
CCMA
2003
July
...Brand F Subject Practice and Procedure
Representation practice and procedure representation - representation in CCMA proceedings still regulated by repealed provisions
Excerpts: of LRA...
...in spite of amendments - representation by legal practitioners in dismissals for
misconduct or incapacity requires consent of...
Title:
Ross Poultry Breeders (Pty) Ltd v Van Dijk & others (2006) 15 LC 1.11.24
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2007
March
...Review practice and procedure - appeal and review - dismissal - procedurally unfair Excerpts: legal representation - chairman of disciplinary hearing biased - arbitrator's decision upheld
– review application...
Title:
Le Roux, HF v Departement van Handel & Nywerheid (1994) 1 ICJ 1.12.21
Case Law
Old Decisions
Location:
Industrial Court
L
...of proceedings applicant applied for order forbidding respondent to have legal
Excerpts: representation - s 23(7) allows such representation & Court has no power to forbid it application dismissed. Summary...
Title:
Mlotshwa and SABC (1) (2002) 11 CCMA 1.8.1
Case Law
Arbitration Awards
Location:
CCMA
2003
January
...Mooi, F Subject Practice and Procedure
Representation practice and procedure Excerpts: representation - legal representation - entitlement to Award Background This matter was
set down originally...
Title:
Tiger Brand Field Services v CCMA & others (2006) 15 LC 1.8.1
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2006
September
...Acting Judge Subject Practice and Procedure
Representation practice and procedure Excerpts: representation - commissioner permitting legal representation - employer and employee
had agreed thereto – reliance on agreement alone...
Title:
McNeillie, R C v Lamprecht, T A & Nissan SA (1994) 1 ICJ 1.11.34
Case Law
Old Decisions
Location:
Industrial Court
M
...ressolve that dispute - second complaint was failure to allow applicant legal
representation - effect of company's grievance & disciplinary guidelines - where serious
allegations affecting...
...fate of employee are made representation of some sort may be natural concomitant - no
statutory right...
Excerpts:
...to representation conferred on applicant but he acquired contractual right to it...
...expressly or by conduct - whether right to representation included to legal
representation - charges not simple - enquiry a type of quasi judicial proceedings...
...of natural justice violated & applicant prejudiced - no general right to legal
representation in all forms of disciplinary enquiries held by second respondent...
Title:
Strydom v CCMA & others (2004) 13 LC 1.8.1
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2004
October
...Murphy AJ Subject Practice and Procedure
Representation practice and procedure representation - applicant sought the review and setting aside of the second...
...respondent's refusal to allow her legal representation at an arbitration hearing at the
Excerpts:
ccma - section 140(1...
...capacity - exceptions to this - there is no absolute right to representation, but the
commissioner does have a discretion, which must be...
Title:
Norman Tsie Taxis v Pooe NO & others (2004) 13 LC 1.12.1
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2004
March
Excerpts:
...continues to have a discretion whether or not to permit legal representation in the
arbitration of disputes concerning dismissals effected by reason...
Title:
Majola v MEC, Department of Public Works: Northern Province & others (2003)
12 LC 11.10.38
Case Law
Court Decisions
Location:
Labour Courts
Labour Court
2003
December
...and Review practice and procedure - appeal and review - right to legal representation disciplinary hearing - a binding collective agreement on the issue of...
...legal representation - primacy of collective agreements - overwhelming weight of
authority in the...
Excerpts:
...Labour Court has been against granting legal representation at disciplinary hearings
collective bargaining - interpretation and application of collective...
...agreement - a binding collective agreement on the issue of legal representation primacy of collective agreements - balance the tension between the constitutional...
Title:
Netherburn Engineering CC t/a Netherburn Ceramics v Mudau & others (2003)
12 LC 1.11.27
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2003
September
...practice and procedure - appeal and review - review of arbitration award - legal
representation - arbitrator must proceed from premise that party is not entitled...
...to legal representation - but does have discretion which he may exercise judicially to...
Excerpts:
...allow representation - in casu award set aside on basis that applicant was...
...not allowed postponement once legal representation was refused Judgment Landman J
On 22 August 2003 I...
Title:
Bissoon v Lever Ponds (Pty) Ltd & another (2003) 12 LC 1.8.1
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2003
July
...Pillay J Subject Practice and Procedure
Representation practice and procedure representation - court held that the matter was not so complex as...
Excerpts:
...to warrant legal representation at the disciplinary enquiry level - application for interdict
dismissed Judgment...
Title:
TGWU obo Mohapi and Others and Tlokwe Cleaning Services (2000) 9 CCMA
1.8.1
Case Law
Arbitration Awards
Location:
CCMA
2000
August
...only joined union after their dismissals trade union - right of representation - dismissed
employees may join trade union after dismissal with a...
Excerpts:
...view to enforcing legal rights Award Details of hearing and representation The
arbitration was...
Title:
South African Post Office Limited v Govender & Others (2003) 12 LC 1.8.2
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2003
July
Excerpts:
Title:
...Pillay J Subject Practice and Procedure
Representation practice and procedure representation - ccma - commissioner dismissing application for legal representation but
permitting representative to remain and advise party during arbitration...
...legal representative’s participation undermining purposes of LRA Judgment Pillay J...
Holloway v Merisant (SA) (Pty) Ltd (2002) 11 LC 1.1.12
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2002
November
...will appoint particular presiding officer for disciplinary hearing, and allow legal
Excerpts: representation – employees’ remedy lies in subsequent attack on fairness of dismissal...
Title:
SACCAWU obo Abrahams and Markhams (2007) 16 CCMA 7.4.1
Case Law
Arbitration Awards
Location:
CCMA
2007
June
...Right to Representation procedural fairness in dismissal - the right to representation employee walking out of disciplinary hearing - union official barred from appearing Excerpts: employer’s disciplinary code providing for...
...representation by employees or shop stewards only - dismissal procedurally fair
substantive...
Title:
CWIU & 27 Others v Electric Lamp Manufacturing of (1995) 1 ICJ 7.9.2
Case Law
Old Decisions
Location:
Industrial Court
C
Excerpts:
Title:
...employer's disciplinary code & procedure - applicants also denied any form of
representation at interview offered to bring forward new facts which might...
...change decision to dismiss - respondent willing to meet union officials but in absence of
individual applicants - procedural unfairness shown...
CCAWUSA & Malewe v Western Province Cellars (1995) 1 ICJ 8.17.2
Case Law
Old Decisions
Location:
Industrial Court
C
Excerpts:
Title:
...biased against applicant - no reasonable time to prepare defence - wanted representation
by union but had shop steward which was enough - dismissal prima facie...
Coin security Group (Pty) Ltd v TGWU and others (1997) 2 LAC 6.2.1
Case Law
Court Decisions
Labour Courts
Location:
Labour Appeal Court
1997
January
...residual) unfair labour practices – bias in the application of discipline – representation –
Excerpts: chairman of hearing not postponing hearings until union representative became available –
such decision unfair in circumstances Judgment Kroon...
Title:
Molope v Mbha & others (2005) 14 LC 1.8.1
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2005
March
...Farber AJ Subject Practice and Procedure
Representation practice and procedure representation - applicant sought to have the first respondent's decision set aside...
Excerpts:
...be represented thereat by a co-employee or a trade union official or a lawyer representation is not a matter of discretion, it is a matter...
Title:
Mncube v Waltons Stationery Company (Natal) (1994) 1 ICJ 7.2.9
Location:
Case Law
Old Decisions
Industrial Court
M
Excerpts:
...premises - dismissal substantively fair - employee does not have right to union
representation at disciplinary hearing - appeal hearing cannot cure lack of disciplinary...
Title:
CWU obo Nonyati and Telkom SA Ltd & Another (2001) 10 CCMA 7.4.1
Case Law
Arbitration Awards
Location:
CCMA
2001
May
...in Dismissal
The right to representation procedural fairness in dismissal - representation
Excerpts: - employee requesting postponement on second day of hearing because union representative
not available - employer not obliged to comply with such...
Title:
TGWU obo Mohapi and Others and Tlokwe Cleaning Services (2000) 9 CCMA
1.8.1
Case Law
Arbitration Awards
Location:
CCMA
2000
August
...Hutchinson, W Subject Practice and Procedure
Representation practice and procedure representation - right of - trade union may represent members in arbitration or adjudication
over unfair dismissal...
Excerpts:
...dispute even if employees only joined union after their dismissals trade union - right of
representation - dismissed employees may join trade union after dismissal with a view to
enforcing legal rights Award...
Title:
Douwag Investments CC t/a Elite Autobody v Dormand NO & Others (2002) 11
LC 1.11.30
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2002
November
Excerpts:
Title:
...alia to the fact that the employee was not allowed representation by a union official at his
disciplinary enquiry - the court found that the...
CAWU obo Kweshube and Grinaker Construction (1999) 8 CCMA 8.14.2
Case Law
Arbitration Awards
Location:
CCMA
1999
August
...that his dismissal was unfair because he had been denied representation by a union official
at his disciplinary hearing, because his length of service...
Excerpts:
...a shop steward at his disciplinary hearing and by a union official at his appeal - application
was dismissed Award Details of...
Title:
OCGAWU and Woolworths (Pty) Ltd (1999) 8 CCMA 4.7.4
Case Law
Arbitration Awards
Location:
CCMA
1999
May
...LJ Subject Collective Bargaining
Organisational rights collective bargaining organisational rights - union with majority representation in a few stores of national retail
chain not entitled...
...national retail chain not workplaces as defined by LRA - union's representation to be
Excerpts: measured against entire workforce of national retail chain...
...particular stores - held could not entertain union's claim that its representation in
workforce as a whole entitled it to at least...
...stop order facilities, as this claim had not been conciliated - union was accordingly afforded
no relief Award Details of hearing and...
Title:
OCGAWU and Total SA (Pty) Ltd (1999) 8 CCMA 4.7.3
Case Law
Arbitration Awards
Location:
CCMA
1999
March
...by the employer). Well worth reading. collective bargaining - organisational rights - union
with majority membership in three small depots of national chain...
...employees in national distribution network, not entitled to organisational rights - union
Excerpts:
rights do not flow automatically from right to freedom of...
...association - union must prove sufficiency of representation in workplace - test for whether
unit of employer's organisation is...
Title:
NUM obo Motlogelwa and Istores (1999) 8 CCMA 8.15.2
Case Law
Arbitration Awards
Location:
CCMA
1999
January
...insubordinate - dismissal substantively fair procedural fairness in dismissal - right to
Excerpts: representation - employee alleged union representative unavailable - employee conceded 9
days notice of hearing adequate...
Title:
NUMSA v CCMA & others (2000) 9 LC 1.1.14
Case Law
Court Decisions
Labour Courts
Location:
Labour Court
2000
June
Excerpts:
Title:
...by union official or by legal practitioner practice and procedure - representation - trade
union - union officials, office bearers and members entitled to sign form referring...
TGWU obo Dube and Value Truck Rental (1998) 7 CCMA 4.2.3
Case Law
Arbitration Awards
Location:
CCMA
1998
January
...reflect binding contract -no contract in existence practice and procedure - representation Excerpts: union alleging that employer's refusal to allow shop steward to be...
...represented by union official to be in breach of collective agreement and therefore...
Title:
Dlala v Commissioner for CCMA & another (1999) 8 LC 1.18.8
Case Law
Court Decisions
Location:
Labour Courts
Labour Court
1999
February
...sufficient grounds exist for condonation - factors for consideration set out - union officials
Excerpts: have rights of representation in Labour Court - when they act on behalf of union member
same standard must be applied to them as applies...
Title:
Nomabunga and Daily Dispatch (1997) 2 CCMA 1.8.1
Case Law
Arbitration Awards
Location:
CCMA
1997
October
...Mr Mias Subject Practice and Procedure
Representation practice and procedure representation - CCMA - arbitration proceedings - trade union - chairperson of union formed
inter alia to represent dismissed employees in arbitration proceedings...
Excerpts: ...not entitled to appear as "union" not trade union as defined in Act and applicant employee
not "employee" capable...
...of joining trade union Award Details of hearing and representation 1.1 The applicant
Michael...
Title:
Van der Heever and Heilbron Nissan (1998) 7 CCMA 1.8.3
Case Law
Arbitration Awards
Location:
CCMA
1997
October
...Advocate Moahloli Subject Practice and Procedure
Representation practice and
procedure - representation - parties in arbitration proceedings entitled to representation by
official of trade union or employer organisation irrespective of whether such body is
Excerpts:
registered...
...or not - not the case when the union or organisation is established purely to circumvent
provisions of Act...
Title:
SANAWU and Maluti Crushers (1998) 7 CCMA 1.8.1
Case Law
Arbitration Awards
Location:
CCMA
1997
July
...Mr Preller Subject Practice and Procedure
Representation practice and procedure representation - employer's representation by consultant of employers' organisation objected
to by union - s138 of LRA permits representation of party by member of union or employers'
Excerpts:
organisation without making distinction between registered and unregistered...
...organisations - representation to be regarded as proper practice and procedure postponement of...
Title:
Motswenyane and Rockface Promotions (1997) 1 CCMA 7.4.6
Case Law
Arbitration Awards
Location:
CCMA
1997
February
Excerpts:
...The right to representation Procedural fairness in dismissal - right to representation whether grievant entitled to union representation in internal disciplinary and appeal hearings
- grievant afforded right to...