Chapter VII: Dispute Resolution
Part C: Resolution of Disputes under auspices of Commission
140. Special provisions for arbitrations about dismissals for reasons related to conduct or capacity

1. 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, the parties, despite section 138(4), are not entitled to be represented by a legal practitioner in the arbitration proceedings unless-

1. the commissioner and all the other parties consent; or

2. the commissioner concludes that it is unreasonable to expect a party to deal with the dispute without legal representation, after considering-

1. the nature of the questions of law raised by the dispute;

2. the complexity of the dispute;

3. the public interest; and

4. the comparative ability of the opposing parties or their representatives to deal with the arbitration of the dispute.

2. If, in terms of section 194(1), the commissioner finds that the dismissal is procedurally unfair, the commissioner may charge the employer an arbitration fee.