Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMA, 2023Part Two: Conciliation of Disputes13. What happens if a party fails to attend at conciliation |
| (1) | If a party fails to attend or to be represented as contemplated in Rule 25(1)(a), the commissioner may— |
| (a) | continue with the proceedings; |
| (b) | adjourn the conciliation to a later date within the 30-day period; or |
| (c) | conclude the proceedings by issuing a certificate that the dispute remains unresolved; |
| (1A) | In the event that a dispute relates to section 64 of the Act, picketing rules must be established before a certificate of non-resolution is issued, unless a party provides a signed picketing rules agreement as required by section 69(6A) of the Act. |
| (2) | In exercising a discretion in terms of sub-rule (1), a commissioner should take into account, amongst other things— |
| (a) | whether the party has previously failed to attend a conciliation in respect of that dispute; |
| (b) | any reason given for that party's failure to attend; |
| (c) | whether conciliation can take place effectively in the absence of one or more of the parties; |
| (d) | the likely prejudice to the other party of the commissioner's ruling; and |
| (e) | any other relevant factors. |