53. Failure to appear of one or more persons

If one or more of the persons directed under section 50(1)(a) to attend a pre‑hearing conference or a hearing fails to attend, the Commissioner may make a decision concerning the claim and make any order under section 54 as the Commissioner thinks just.

An order made by the Commissioner in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner on the application of that party, on such terms as the Commissioner thinks just, unless an appeal under section 58 is pending against the order.

Without limiting subsection (1), where any person who is required to attend a pre‑hearing conference or a hearing fails to attend the pre‑hearing conference or hearing, the Commissioner may adjourn the pre‑hearing conference or hearing, as the case may be.