CCMA rules stipulates certain instances where legal representation is not automatically allowed.
1. The nature of the questions of law raised: In a broad sense this will be whether the matter was procedurally and substantively unfair.
2. The complexity of the matter: This would depend on the reason for the dismissal and whether it can be related to misconduct. A matter becomes quite complex when witnesses and expert witnesses are called to testify and large volumes of documents are exchanged.
3. The public interest: Although we acknowledge that the CCMA should not be over legalistic in making its decision whether to allow a legal representative or not, the CCMA will always bear in mind that the Constitution provides for legal representation and they do not lightly refuse a legal representation.
4. The comparative ability of the applicant and the respondent: When a commissioner compares the ability of the applicant and the respondent to deal with their cases in a sufficient manner. If the commissioner feels that the applicant or the respondent will not be able to deal with his or her case sufficiently the commissioner will rule that legal representation is allowed.