DYK – If An Applicant Fails To Appear At An Arbitration, The Matter Is Removed, And The Applicant May Apply For A Request For Re-Enrollment.
According to the Directive of the CCMA drafted in terms of Section 138(5)(a) of the Labour Relations Act, the Commissioner must decide whether the Applicant who refers a matter for re-enrollment has satisfactorily explained his failure to attend the arbitration and has taken reasonable and timeous steps to have the matter re-enrolled.
The Directive further states that the Request for Re-enrollment must be done in writing and submitted to a Commissioner within a reasonable time. The Commissioner will then review the application and apply his subjective opinion on whether the application should be granted.
Unfortunately, the process does not allow the Respondent to oppose the Applicant’s Re-enrollment Application and often causes some frustration for Respondents in practice.
If you are a Respondent to such a matter, we urge that you either forward the new set down date to SEESA to assist you in organising representation, or attend the proceedings. Our dispute resolution team are experts with all CCMA-related applications.
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