Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMA, 2023Part Five: Rules that apply to Conciliations, Arbitrations, Con-Arbs and other processes30. What happens if a party fails to attend proceedings before the Commission |
| (1) | If a party to the dispute fails to attend or be represented at any arbitration proceedings before the Commission, and that party— |
| (a) | was the referring party, the commissioner appointed to arbitrate, must attempt to establish the reason for non-attendance. If there appears to be a good reason for the absence, the commissioner must direct that the matter be rescheduled for arbitration; or |
| (b) | if the absence is, on the face of it, willful or unexplained, or the commissioner does not accept the explanation, the commissioner may remove the matter from the roll; |
| (c) | had not referred the matter to the Commission, the commissioner may— |
| (i) | continue with the proceedings in the absence of that party; or |
| (ii) | adjourn the proceedings to a later date. |
| (2) | A commissioner must be satisfied that the party had been properly notified of the date, time and venue of the proceedings, before making any decision in terms of sub-rule (1). |