sec.123YFailure to attend settlement conference

sec.123Y Failure to attend settlement conference

This rule applies if a party directed to attend a settlement conference fails to attend the conference. If the commission or Industrial Magistrates Court is satisfied by affidavit that the party who failed to attend was given notice of the date, time and place of the settlement conference, the commission or Industrial Magistrates Court may— if the party is the applicant—stay or dismiss the proceeding; or if the party is a respondent and the relevant claim discloses a sufficient cause of action—decide the proceeding by making an order or other decision the commission or Industrial Magistrates Court considers appropriate in the circumstances. Also, the commission or Industrial Magistrates Court may give the directions for listing the proceeding for hearing or for holding another settlement conference the commission or Industrial Magistrates Court considers appropriate in the circumstances. If the commission or Industrial Magistrates Court makes a decision under subrule (2) , the commission or Industrial Magistrates Court may, on application made within the time the commission or Industrial Magistrates Court considers reasonable, set aside the decision and order a hearing or further hearing. r 123Y ins 2021 SL No. 10 s 38 (sec.123Y-ssec.1) This rule applies if a party directed to attend a settlement conference fails to attend the conference. (sec.123Y-ssec.2) If the commission or Industrial Magistrates Court is satisfied by affidavit that the party who failed to attend was given notice of the date, time and place of the settlement conference, the commission or Industrial Magistrates Court may— if the party is the applicant—stay or dismiss the proceeding; or if the party is a respondent and the relevant claim discloses a sufficient cause of action—decide the proceeding by making an order or other decision the commission or Industrial Magistrates Court considers appropriate in the circumstances. (sec.123Y-ssec.3) Also, the commission or Industrial Magistrates Court may give the directions for listing the proceeding for hearing or for holding another settlement conference the commission or Industrial Magistrates Court considers appropriate in the circumstances. (sec.123Y-ssec.4) If the commission or Industrial Magistrates Court makes a decision under subrule (2) , the commission or Industrial Magistrates Court may, on application made within the time the commission or Industrial Magistrates Court considers reasonable, set aside the decision and order a hearing or further hearing.

• (a) if the party is the applicant—stay or dismiss the proceeding; or
• (b) if the party is a respondent and the relevant claim discloses a sufficient cause of action—decide the proceeding by making an order or other decision the commission or Industrial Magistrates Court considers appropriate in the circumstances.