Regsverteenwoordiging tydens dissiplinêre optredes en arbitrasies — ’n kort oorsig oor die huidige regsposisie

Abstract

With the recent amendments to the Labour Relations Act 66 of 1995 the question of legal representation was raised again. This article deals with the current legal position and explains the advantages and disadvantages of legal representation during disciplinary action and arbitrations. In conclusion legal representation should always be an option for any party during any disciplinary action. The presiding officer should, however, have a discretion not to allow legal representation if circumstances allow it. Legal representation will definitely enhance and promote just and fair dispute resolution and disciplinary action. Legal practitioners can play a meaningful role in maintaining good labour relations and ensuring fairness between the employer and employee. There is little justification for summarily excluding legal representation.