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

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA, 2023

Part Five: Rules that apply to Conciliations, Arbitrations, Con-Arbs and other processes

30. 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).