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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

Part Two : Conciliation of Disputes

13. What happens if a party fails to attend at conciliation

 

 

(1) If a party on whose behalf a matter has been referred fails to attend the commissioner may—
(a) continue with the proceedings;
(b) adjourn the conciliation to a later date with the 30-day period; or
(c) conclude the proceedings by issuing a certificate that the dispute remains unresolved.

 

(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.