SHOULD THE 14-DAY AND 7-DAY RULE FOR SUBPOENAS BE STRICTLY ENFORCED?

[Ivan Israelstam]

Rule 37 of the CCMA rules require that an application for a subpoena must be submitted to the CCMA at least 14 days prior to the arbitration hearing. The rule also provides that a subpoena must be served on a witness at least 7 days prior to the hearing. However, what if the applicant, an unrepresented layman, is only made aware of these time frames at the arbitration hearing when he asks the arbitrator to force the employer to provide a document that is relevant to the case? Does the arbitrator have the discretion to provide the applicant with the subpoena and to postpone the hearing so that the subpoena can be issued to the respondent and so that the document can be furnished?

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