A party may apply for variation or rescission of a ruling or an arbitration award in terms of S144 of the Act. In terms of S144, a commissioner acting on their own accord or on application from any affected party, may vary or rescind an arbitration award-
- Erroneously sought or erroneously made in the absence of any party affected by that award;
- In which there is an ambiguity, or an obvious error or omission, but only to the extent of that ambiguity, error or omission; or
- Granted as a result of a mistake common to the parties to the proceedings.
The application must comply with the provisions of the CCMA Rules. It must include a notice of motion supported by affidavit and be served on the applicant. The application must be brought within 10 days of the date on which the applicant became aware of-
- The arbitration award or ruling; or
- A mistake common to the parties to the proceedings.