Num v CCMA (JA90/2013) [2014] ZALAC 51 (1 October 2014) per Kathree-Setiloane AJA [Tlaletsi DJP and Musi JA concurring]

Appeal disallowed.  Refusal of legal representation not unconstitutional.

LAC summary:

Legal representation at the CCMA- Employee requesting legal representation two working days prior to arbitration proceedings- commissioner refusing legal representation taking into account comparative ability of the parties and their representatives to deal with the dispute- Commissioner not mentioning complexity of the dispute and interest of justice – such omission does not lead to inference that these factors were not considered where Commissioner alive to factors listed in Rule 25(1)(c) – dispute of sexual harassment neither complex to warrant legal representation nor of public interest.  Labour Court upholding commissioner’s ruling.  [1] This is an appeal against the judgment of the Labour Court (per Boqwana J) in a review application in which it upheld the Commissioner’s ruling in the arbitration proceedings refusing to allow the second appellant legal representation in terms of Rule 25(1)(c) of the CCMA Rules.