According to Rule 13 of the DRC Rules, “if a party on whose behalf a matter has been referred fails to attend, the Commissioner may:
“In exercising a discretion in terms of sub-rule (1) a commissioner should take into account amongst other things:
So if the applicant fails to attend the proceedings, the matter may be dismissed.
If a party fails to appear or be represented at a hearing scheduled for con/arb, then in terms of DRC Rule 17 (4), “the Commissioner must conduct the con-arb on the date specified in the notification issued in terms of Sub-rule (1)”.
This is only applicable if there was no notice of objection filed by the other party to the proceedings, objecting to the arbitration proceeding immediately after the conciliation.
This is dealt with in DRC Rule 31:
In a nutshell, employees should pay special attention to the notice of set down issued by the DRC (or CCMA in certain instances) and ensure that they are available to attend the proceedings, if not they run the risk that the matter may be dismissed. The key is communication with all role players in the proceedings.
MISA is just a phone call away.