Labour Relations Act, 1995 (Act No. 66 of 1995)

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA

Part Five : Rules that apply to conciliations and arbitrations and con-arbs

30. What happens if a party fails to attend arbitration proceedings before the Commission

Purchase cart Previous page Return to chapter overview Next page

 

(1) If a party to the dispute fails to attend or be represented at any arbitration proceedings before the Commission, and that party—
(a) had referred the dispute to the Commission, a commissioner may dismiss the matter by issuing a written ruling; or
(b) 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).

 

(3)If a matter is dismissed, the Commission must send a copy of the ruling to the parties within fourteen (14) days.