SOS Protec Sure v PSTWU obo Dancan Mabea and Others; CCMA; Kheswa N O

The applicant employer sought to review and set aside a CCMA commissioner’s refusal to rescind a default arbitration award. The default award was issued after the applicant failed to attend arbitration, which the commissioner held proceeded in its absence because the applicant was allegedly properly notified by email. The applicant only became aware of the award months later when the sheriff attempted enforcement. In its rescission application, the applicant contended that it never received the notice of set down because the CCMA had sent it to incorrect and non-existent email addresses, despite the correct addresses appearing in earlier correspondence on record. The commissioner nevertheless dismissed the rescission application, accepting the union’s version that service was proper.

The rescission ruling dated 24 October 2019 was reviewed and set aside. It was substituted with an order granting rescission of the default arbitration award. The first respondent union was ordered to pay the applicant’s costs.

The judgment reinforces the principle that proper notification of arbitration proceedings is fundamental to procedural fairness in CCMA processes. It confirms that where a default award is issued without correct notice to a party, the award is considered erroneously made and may be rescinded without proof of good cause. The case also underscores the Labour Court’s willingness to grant costs against a union where opposition is unreasonable and conducted in bad faith.