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Thread: CCMA ordered to reconsider bar on lawyers

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    Platinum Member sterne.law@gmail.com's Avatar
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    CCMA ordered to reconsider bar on lawyers

    Labour: CCMA ordered to reconsider bar on lawyers
    The CCMA has been ordered to reconsider the general bar on lawyers in hearings dealing with most dismissal cases after the North Gauteng High Court found the rule was unconstitutional, notes a report in The Herald. The CCMA has 36 months to formulate a new rule. Up to now, lawyers have been barred from dismissal hearings before the CCMA that dealt with employee misconduct or inability to do their jobs, notes the report. In his judgment, Judge Neil Tuchten said the CCMA had explained that the reasons for the exclusion of lawyers was inherent in the way the commission operated as it allowed for swift adjudication with a minimum of legal formalities. ‘I cannot agree that the dismissal of an employee is never a serious matter for the employee,’ Tuchten said. He dismissed an argument by representatives of the CCMA that the presence of lawyers led to obfuscation, unnecessary complication of issues and time wasting. He also rejected the argument that allowing lawyers to represent clients at the dismissal hearings would contribute substantially to the CCMA’s workload.
    Full report in The Herald (subscription needed)
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Diamond Member Vanash Naick's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    Labour: CCMA ordered to reconsider bar on lawyers
    The CCMA has been ordered to reconsider the general bar on lawyers in hearings dealing with most dismissal cases after the North Gauteng High Court found the rule was unconstitutional, notes a report in The Herald. The CCMA has 36 months to formulate a new rule. Up to now, lawyers have been barred from dismissal hearings before the CCMA that dealt with employee misconduct or inability to do their jobs, notes the report. In his judgment, Judge Neil Tuchten said the CCMA had explained that the reasons for the exclusion of lawyers was inherent in the way the commission operated as it allowed for swift adjudication with a minimum of legal formalities. ‘I cannot agree that the dismissal of an employee is never a serious matter for the employee,’ Tuchten said. He dismissed an argument by representatives of the CCMA that the presence of lawyers led to obfuscation, unnecessary complication of issues and time wasting. He also rejected the argument that allowing lawyers to represent clients at the dismissal hearings would contribute substantially to the CCMA’s workload.
    Full report in The Herald (subscription needed)
    A very good evening to you Anthony
    You've actually brought me up to speed with your thread!!!!!
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
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    Site Caretaker Dave A's Avatar
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    One of the obvious consequences I see is an increase in costs.
    The trouble with opportunity is it normally comes dressed up as work.

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