The CCMA makes numerous default arbitration awards daily, on grounds that the employer was not present at an arbitration hearing which it had apparently been timeously and properly notified of.
There are many reasons an employer may not appear at an arbitration hearing. For example, the employee may have furnished the CCMA with the employer’s incorrect address and/or fax number. An employer faced with a default arbitration award would normally wish to follow the necessary CCMA procedure to have the arbitration award reversed, or “rescinded”, so that the case can be fully heard, with the commissioner having the benefit of the employer’s version in addition to that of the employee.
CCMA Rule 31 outlines the procedure to be followed when applying for; among other things the rescission for an arbitration award. An application for the rescission of an arbitration award must be made within 14 days of the award having been received, and must be served on the other party (the employee, a trade union or the employer).
The application must be supported by an affidavit which clearly sets out the names and addresses of the parties, a chronological statement of the material facts, and a statement of any applicable legal issues. A party receiving such an application may lodge an affidavit opposing the application for rescission, within 14 days from the date on which it received the application for rescission.
For further information on Unfair Labour Practice or any labour related matters, you can contact Bernard Reisner:
W. Tel: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 3959