If you need assistance from a lawyer after you have referred your dispute to the DRC, and a date has been allocated to conciliate or arbitrate your dispute, the question then arises: Is my lawyer allowed to represent me at the Dispute Resolution Centre (DRC)?
In accordance with the DRC’s Rule 26, Representation of parties before the DRC:
If the matter is set down only for Conciliation the following rule will apply;
“1) (a) In conciliation proceedings a party to the dispute may appear in
person or be represented only by-
b) if the dispute is set down or continues to Arbitration, a party to the dispute may appear in person or be represented only by:
So, does this mean in an arbitration that a lawyer has the automatic right to represent you?
Rule 26 (C) states the following:
“If the dispute being arbitrated is about the fairness of a dismissal and a party has alleged that the reason for the dismissal relates to the employee’s conduct or capacity, a party is not entitled to be represented by a legal practitioner in the proceedings unless:
In a Nutshell: With a Conciliation a Lawyer will not be able to represent you or the employer, and with an Arbitration a Lawyer will need to apply to be able to represent either party.
Remember MISA is just a phone call away!