Rescinding a Default Award

A Default Award is usually made by a Commissioner where one party was absent to the arbitration proceedings. This means that the Commissioner will only hear the evidence of the attending party and make a ruling in his/her favour, depending on the evidence and facts.

 

Default Award

As stated above a Default Award is granted where a party to the proceedings fails to attend the Arbitration. The Commissioner will first establish whether the party in question had received sufficient notice to attend the Arbitration and if they indeed received the Notice of Set Down. If the commissioner is satisfied that the party in question received sufficient notice, he will proceed with the Arbitration in Default. If the Commissioner is not satisfied, he will most likely postpone the matter to another date in order for the party in question to attend the Arbitration.

If the Commissioner proceeds in default, he will only hear the evidence that the attending party represents and will make a Default Award with the evidence that is provided to him.
The Commissioner will then provide the parties with the Default Award within 14 [fourteen] days from the date of the arbitration.

 

A Default Award was granted against me, what now?

The answer is very simple. A Rescission Application would have to be applied for. When applying for a rescission, the party must prove that he was unaware that the matter was set down on the specific date, or he/she must be able to prove that he/she was unable to attend due to various reasons.

 

Recission of Awards

Section 144 of the LRA (Labour Relations Act) makes provision for the Rescission of an Award. Section 144 of the LRA reads as follows:

Variation and rescission of arbitration awards and rulings.
Any commissioner who has issued an arbitration award or ruling or any other commissioner appointed by the director for that purpose, may on that commissioner’s own accord or, on the application of any affected party, vary or rescind an arbitration award or ruling –
(a) erroneously sought or erroneously made in the absence of any party affected by
that award;
(b) in which there is an ambiguity, or an obvious error or omission, but only to the
extent of that ambiguity, error or omission; or
(c) granted as a result of a mistake common to the parties to the proceedings.

 

What would have to be proven?

The party applying for the Rescission would have to show good cause as to why the rescission should be granted. If a party institutes the Rescission Application, that party would have to provide details as to their absence at the Arbitration and provide a full explanation of why the party was not in willful default and the reasons why that party would have good prospects of succeeding in the matter.

It is important to note that a Rescission Application can be opposed or unopposed. If a party wishes to oppose the rescission they must do it within the time periods as prescribed.

The Commissioner will hear the matter and make a ruling based on the evidence provided to him. If he rules that a rescission should be granted, the matter will be set down for hearing at the CCMA and the matter will be heard, as if it is the first time that the parties attended the CCMA.

When you are unhappy with the outcome of an arbitration award, the matter must be taken on review within 6 [six] weeks from receiving the arbitration award. An arbitration award cannot be rescinded and the main reason for this is because both parties were present at the arbitration proceedings. When a default award was granted in the absence of a party, that party can apply for the matter to be rescinded at the CCMA/relevant bargaining council.

Contact Us

4 + 4 =

Vermeulen Attorneys
5.0
powered by Facebook
Cindy-lee Payne
Cindy-lee Payne
2018-10-15T10:50:14+0000
would like to thank Kaylee and Cathleen for an awesome service. friendly and very professional. would definitely recommend their serviceread more
Chandre Greeff
Chandre Greeff
2018-01-22T17:54:57+0000
Geraldine Bruce
Geraldine Bruce
2018-01-21T14:46:21+0000
Mervyn recently assisted me in a case against one of the largest financial institutions. I had really run out of options and Mervyn's knowledge and expertise convinced me right away that he was the one I wanted on my side. Mervyn and his team worked tirelessly and professionally to conclude the matter and I am extremely grateful my 3 year nightmare is finally over. I would definitely recommend Vermeulen Attorneys.read more
Christopher Evans
Christopher Evans
2018-01-14T10:09:01+0000
I am very impressed with Mervyn's professionalism, and willingness to go the extra mile. Vermeulen Attorneys have really outdone themselves in assisting me in a very trying time.read more
Cathy Foster
Cathy Foster
2017-05-18T11:06:03+0000
I have been using Vermeulen attorneys for more than 3 years in my business. I have had nothing but excellent service and regular feedback on all my cases. I highly recommend them.read more
Liyana Van Heerden
Liyana Van Heerden
2017-04-05T12:58:04+0000
Excellent feedback and Results. Vermeulen Attorneys handle all our outstanding accounts and have always proven themselves worthy of settling payment in the shortest of time frames. Their rates is affordable from small to big operating companies. The give excellent feedback so you always know where your case is standing. Glad we started working with them as they are saving us a lot of trouble and money.read more
Rina Snyders
Rina Snyders
2016-09-14T07:57:34+0000
WOW! Vermeulen Attorneys is nothing short of AMAZING. They handled my case so professionally and made sure justice was served. I am so grateful to have a lawyer like Mervyn represent me. Thank you. Your work is exceptional.read more
Daniela Pucci
Daniela Pucci
2016-08-02T14:22:30+0000
Cannot thank Vermeulen Attorneys enough for the wonderful services delivered from start to end. Due to your attentive & professional advice received on the matter, this created a preferred environment for ones difficulties in any situation. Thank you! this ensured a we underwent kept every attribute to the situation.read more
Pieter Van Rooyen
Pieter Van Rooyen
2014-02-09T17:09:33+0000
Lorraine Sigasa
Lorraine Sigasa
2014-02-04T23:49:12+0000
Bianca van Heerden
Bianca van Heerden
2014-02-04T11:36:33+0000
Next Reviews
Share This