THE FACTS

STEVEN Maswanganyi from Joburg was dismissed from work, and referred his case to the CCMA. It was heard through arbitration, where he was advised to reopen it, and he did. Since his case hasn’t been attended to, he wants to know if his employer has the option to postpone it.

ADVICE

When an employer knows he won’t be able to attend, he must try to determine with the applicant if an agreement can be reached to postpone. If they reach an agreement, it needs to be filed at the CCMA.

If the parties can’t agree, then the application should be filed 14 days before arbitration.

It means the employer can ask for a postponement, provided it’s done within the rules.