Employers have recourse to rescission application after CCMA default judgment
Arbitrators will mostly accept an employee’s version and find against an absent employer
If an employer fails to attend a CCMA or bargaining council arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As arbitrators have little or no way of testing the truth of the employee’s evidence they will mostly accept the employee’s version and find against the absent employer. This is called a default judgment.
Whose fault is it when CCMA notices do not reach the parties? At times the CCMA has been unable to provide proof that it has sent notices to the parties’ proper addresses. The CCMA has also at times been able to provide proof that it has properly sent notices to the parties, but one or other party claims not to have received its notice. This would be due to a problem or error occurring after the notice leaves the CCMA but before it reaches the party concerned...
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