- A former Timberland assistant store manager will not be allowed legal representation at the CCMA.
- The commissioner decided the unfair dismissal dispute does not involve complex legal issues.
- The arbitration will be rescheduled for a new date.
A former Timberland assistant store manager will have to argue his own unfair dismissal case at the Commission for Conciliation, Mediation and Arbitration (CCMA).
Commissioner Busisiwe Mbatha ruled that Masego Langa had not shown the dispute was complex enough to justify legal representation under CCMA Rules. The commissioner found the matter could be handled fairly without lawyers and directed the CCMA to set a new date for arbitration.
Employee challenged fairness of disciplinary process
Langa, who is challenging his dismissal by Timberland, asked to be represented by attorney Faizel Mahomed during arbitration.
The disciplinary process started in January 2026 when the company's human resources manager asked Langa to submit a statement responding to allegations in a grievance against him. Langa asked for more details about the allegations before responding.
More allegations followed in February 2026, leading to another request for a written statement. Langa's attorney later wrote to Timberland to raise concerns about how Langa was being treated.
On 23 March 2026, Langa was given notice to attend a disciplinary hearing and was suspended. His attorney asked for supporting documents and later requested a postponement of the hearing. According to the application, neither request was answered.
Langa's legal representative argued that the chairperson of the disciplinary hearing was not told about the postponement request, and that documents, including Airports Company South Africa records, were never provided.
He also argued that Timberland did not provide clear charges, did not give Langa a proper chance to respond, and had already made up its mind about the outcome.
"The respondent acted dishonestly by making four attempts to dismiss the applicant and not following a fair procedure," Langa's attorney said.
He further argued that cross-examination would require an understanding of legal principles and credibility issues, which Langa would struggle with alone. He also said that questions about timekeeping technology, the Airports Company South Africa records, and the Protection of Personal Information Act made the case more legally complex.
Employer said dispute was straightforward
Timberland opposed the request, arguing that it was filed late and that the attorney's involvement had caused procedural disputes and delays instead of helping the process.
The company said the dispute was about timekeeping irregularities, dishonesty, and not following instructions or insubordination. Timberland argued these were standard misconduct allegations that involved factual issues, not complex legal matters needing legal representation.
Timberland also said that Langa had worked there for 18 years as an assistant store manager and knew the company's operations, policies, and disciplinary procedures well.
The employer denied it had used attorneys before and disagreed that the size and resources of the international business justified legal representation for Langa.
Timberland also told the commissioner that the postponement request was sent to the wrong email address just 12 minutes before the hearing started, which explained why it was not considered.
Commissioner found no legal complexity
After reviewing arguments from both sides, Commissioner Mbatha noted that most of the evidence related to the merits of the dismissal, not the specific question of legal representation.
Referring to CCMA Rules, the commissioner found there were no matters of public interest or complex legal questions that needed legal representation.
Commissioner Mbatha noted the allegations about timekeeping, dishonesty, and not following instructions were factual issues that Langa should have known about personally. The commissioner found these matters could be handled during arbitration without a lawyer.
"The issues are not complex, and the applicant should have personal knowledge of them," Commissioner Mbatha ruled. The commissioner also rejected the argument that Langa faced 30 separate charges. "The applicant is not charged with 30 separate charges. The first charge includes several counts of the same allegation," the ruling said.
Commissioner Mbatha also found there was no evidence that Timberland's representative was an attorney and noted that officials from employers' organisations can represent parties during arbitration.
"As a manager, the applicant should be able to represent himself, and if procedural guidance is needed, the commissioner can help," the commissioner said.
Mbatha also pointed out that if Langa needed documents from the employer, he could request them through the CCMA's discovery process.
Arbitration to proceed
The commissioner concluded that allowing legal representation would not speed up the case and that Langa was able to present his own case. "Legal representation is denied," the ruling concluded.
The CCMA was told to schedule the unfair dismissal arbitration for another date, where the merits of Langa's dismissal will be decided.
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