National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JA90/2013) [2014] ZALAC 51 (1 October 2014)

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JA90/2013) [2014] ZALAC 51 (1 October 2014)

The Labour Appeal Court held that the Commissioner was justified in refusing legal representation at the CCMA arbitration. The Commissioner referred to Rule 25(1)(c) and considered the comparative ability of the parties, noting that the union had represented the second appellant previously and could do so again. The dispute, involving allegations of sexual harassment, was neither complex nor of public interest, and did not raise difficult questions of law requiring a lawyer with advanced litigation skills. The late application for legal representation prejudiced the third respondent, who was not afforded sufficient time to oppose. The Court found no evidence that the Commissioner failed...

Citation
[2014] ZALAC 51
Parties
Appellant: National Union of Mineworkers; Appellant: Taole Elias Mohlalisi; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Diale Simon Ntsoane N.O; Respondent: Two Rivers Platinum Mine
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
1 October 2014
Case Number
JA90/2013
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Confirming CCMA Ruling
Outcome
Appeal dismissed.
Judges
Tlaletsi, Musi, Kathree-Setiloane
Legal Topics
Legal Representation at Ccma, Rule 25 Ccma, Unfair Dismissal, Sexual Harassment, Constitutional Right to Fair Labour Practices
Labour Law Civil Procedure Legal Representation at Ccma Rule 25 Ccma Unfair Dismissal Sexual Harassment Constitutional Right to Fair Labour Practices

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Appellant

Taole Elias Mohlalisi

Appellant

Commission for Conciliation Mediation and Arbitration

Respondent

Diale Simon Ntsoane N.O

Respondent

Two Rivers Platinum Mine

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Confirming CCMA Ruling

Legal Issues

  1. 1 Whether the refusal of legal representation at CCMA arbitration proceedings was justified under Rule 25(1)(c) of the CCMA Rules.
  2. 2 Whether the Commissioner properly considered all relevant factors in exercising discretion to refuse legal representation.
  3. 3 Whether Rule 25(1)(c) of the CCMA Rules is unconstitutional for denying a party legal representation.

Ratio Decidendi

The Labour Appeal Court held that the Commissioner was justified in refusing legal representation at the CCMA arbitration. The Commissioner referred to Rule 25(1)(c) and considered the comparative ability of the parties, noting that the union had represented the second appellant previously and could do so again. The dispute, involving allegations of sexual harassment, was neither complex nor of public interest, and did not raise difficult questions of law requiring a lawyer with advanced litigation skills. The late application for legal representation prejudiced the third respondent, who was not afforded sufficient time to oppose. The Court found no evidence that the Commissioner failed...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.
  • No order as to costs.