Section 138(5) of the South African Labour Relations Act, 1995
specifies that, if a party referring a dispute to arbitration (an
"applicant") fails to attend the
arbitration, the arbitrator may dismiss the
matter. What the effect of dismissal is has been a subject of
debate.
In Solomons v Phokelo NO, the CCMA and Food Lovers Market
Kempton, the Labour Court held that "dismissal", in
this context, meant that the matter was struck from the roll and
that an applicant did not need to apply for a rescission of the
dismissal ruling, but simply had to apply to have the matter
re-enrolled upon providing a satisfactory explanation for their
failure to attend the scheduled arbitration hearing.
