The case of Fraser Alexander v CCMA provides important guidance on the limits of legal representation in proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA). It reinforces that even small procedural missteps can render an arbitration award invalid.

What Happened in the Fraser Alexander Case

In this matter, the arbitrator permitted legal representation during the conciliation phase of the dispute, despite the restrictions set out in Rule 25 of the CCMA Rules. Furthermore, the arbitrator failed to adjourn the arbitration hearing when fairness required it.

The Labour Court held that these errors undermined the procedural fairness of the process. As a result, the arbitration award was set aside, demonstrating that the manner in which CCMA proceedings are conducted is just as important as the substance of the case.

Why Rule 25 Matters

Rule 25 of the CCMA Rules strictly governs legal representation:

• Conciliation: Parties are not entitled to legal representation. The aim is to resolve disputes informally and quickly.
• Arbitration: Legal representation is generally allowed, though it may be restricted in misconduct or incapacity dismissals unless both parties consent or the commissioner permits it.

When arbitrators or commissioners ignore these boundaries, it can jeopardise the integrity of the entire process.

Lessons for Employers and HR Practitioners

The Fraser Alexander ruling highlights key compliance points:

• ✅ Respect procedural rules: Employers should be vigilant that CCMA commissioners apply Rule 25 correctly.
• ✅ Challenge irregularities: If legal representation is wrongly allowed during conciliation, employers may have grounds to review and overturn the outcome.
• ✅ Understand the difference between conciliation and arbitration: Conciliation is informal and non-binding, while arbitration is formal and may permit lawyers, provided the rules are followed.
• ✅ Document concerns immediately: Raising procedural objections on the record can strengthen later challenges in the Labour Court.

Conclusion

The Fraser Alexander v CCMA judgment serves as a warning that procedural fairness cannot be overlooked in CCMA matters. Employers must ensure that legal representation is applied strictly in line with Rule 25, or risk having arbitration awards invalidated.

For HR managers and business leaders, the message is clear: follow the rules of the CCMA carefully, understand the distinction between conciliation and arbitration, and act swiftly if procedures are breached.