Results 1 to 3 of 3

Thread: CCMA ordered to reconsider bar on lawyers

  1. #1
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,332
    Thanks
    38
    Thanked 566 Times in 413 Posts
    Blog Entries
    7

    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.

  2. Thank given for this post:

    Citizen X (18-Oct-12), Dave A (17-Oct-12)

  3. #2
    Diamond Member Citizen X's Avatar
    Join Date
    Sep 2011
    Location
    lenasia
    Posts
    3,404
    Thanks
    868
    Thanked 701 Times in 613 Posts
    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!!!!!
    “Ubuntu is the essence of being humane" Desmond Tutu
    Spelling mistakes and/or typographical errors I found in leading publications.
    Click here
    sabbaticus

  4. #3
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    One of the obvious consequences I see is an increase in costs.

Similar Threads

  1. [Question] Accountability of lawyers
    By MGM in forum Consumer Protection Act Forum
    Replies: 6
    Last Post: 18-Oct-12, 09:16 PM
  2. Mr Price ordered to withdraw misleading ads
    By Eugene in forum Marketing Forum
    Replies: 7
    Last Post: 11-Aug-07, 04:20 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •