Question $3$:

$3\mathrm{.}1$ Consider the practical reasons for a party to approach either the Labour Court or the High court for relief in the case of an unfair dismissal. $[10]$

$3\mathrm{.}2$ Indicate on what grounds legal representation is permitted in a CCMA conciliation or arbitration hearing? $[5]$

$3\mathrm{.}3$ Who bears the onus to prove that the dismissal was both substantively and procedurally fair? $[5]$

In answering all the questions, apply legal theory and where possible, use case law to substantiate your answers.