If the relief that the employee seeks is likely to impact on the employer then the employer must be joined. Like any other proceeding, however, the employer can choose whether to defend the action or let it go by default or gives notice that he/she/it is prepared to accept the arbitrator’s award without defending the case. There is nothing compelling an employer to participate, However, by not doing so, the employer risks an award against it by default.
INGRID LEWIN
