Filing a CCMA claim can feel daunting, but with the right steps and evidence you can protect your workplace rights. This step-by-step guide explains what to do from first signs of a dispute through conciliation and arbitration, with practical tips, timelines and links to helpful resources.
Quick overview: When to use the CCMA
The Commission for Conciliation, Mediation and Arbitration (CCMA) helps resolve workplace disputes such as unfair dismissal, unfair labour practices and unfair discrimination. Common scenarios where employees refer matters to the CCMA include dismissals, pay disputes, discrimination and certain contract or benefits disputes. Key time limits apply depending on the type of dispute — act quickly. (ccma.org.za)
Step 1 — Before you file: try to resolve it internally
- Check your employment contract and company policies (grievance and disciplinary procedures). If you haven’t already, submit a formal grievance in writing and keep copies.
- Talk to HR, your manager, or a workplace representative. If you’re in a union, contact them early — unions often assist with referrals.
- Keep a detailed chronology of events (dates, times, witnesses, documents, emails, WhatsApp messages).
If internal processes fail or are exhausted, you can proceed to refer the dispute to the CCMA.
See also: How to Read an Employment Contract in South Africa: Key Clauses and Red Flags and Union Membership, Collective Bargaining and Employee Rights in South Africa Explained.
Step 2 — Know the time limits (critical)
- Unfair dismissal: refer within 30 days of the date of dismissal or within 30 days after the outcome of an internal appeal.
- Unfair labour practice: refer within 90 days of the act or when you became aware of it.
- Unfair discrimination: refer within 6 months of the act.
If you miss a deadline you must apply for condonation (an excuse for late filing) and explain the delay — the CCMA weighs lateness, reasons, prospects of success and prejudice to the other side. Acting quickly gives you the best chance. (ccma.org.za)
Step 3 — Prepare your evidence and witnesses
- Copies of: employment contract, payslips, disciplinary letters, warnings, performance reviews, resignation/termination letter, emails and messages.
- A clear timeline of events and what outcome you want (reinstatement, compensation, back-pay, apology).
- Names and contact details of witnesses and a short summary of what each can confirm.
- If relevant, collect proof of service (emails, signed receipts) to show that the employer was given copies of your referral.
Good organisation speeds up conciliation and strengthens your case.
Step 4 — How to refer the dispute (LRA forms & online referral)
- The usual referral form for conciliation (and Con-Arb) is LRA Form 7.11 (case referral). You can submit it:
- Online via the CCMA’s e-referral platform (CMSONLINE).
- Download from the CCMA website and email or hand-deliver to your regional CCMA office (copy the other party).
- If conciliation fails and you need arbitration, complete LRA Form 7.13 (Request for Arbitration). (cmsonline.ccma.org.za)
Practical tips:
- Use CMSONLINE if possible — it’s faster and gives electronic proof of submission.
- Always keep proof you served the other party (registered post slip, signed receipt, email read-receipt).
- If you need help, visit a CCMA regional office or call the CCMA contact centre.
Step 5 — What happens at conciliation
Conciliation is an attempt to settle the dispute by agreement with a CCMA commissioner facilitating the discussion. Parties may represent themselves, use a union rep, or (with employer consent in some situations) be represented by an official or legal rep. If an agreement is reached, it becomes binding. If not, the commissioner will issue a certificate that the dispute remains unresolved — this certificate allows you to refer the matter to arbitration. (ccma.org.za)
Table: Conciliation vs Arbitration (what to expect)
| Feature | Conciliation | Arbitration |
|---|---|---|
| Purpose | Facilitate settlement by agreement | Formal adjudication and binding decision |
| Commissioner role | Mediator/facilitator | Adjudicator (hears evidence, issues award) |
| Formal rules of evidence | More flexible | More formal; witnesses give evidence under oath |
| Outcome | Settlement agreement (if reached) | Arbitration award (binding, enforceable) |
| Referral form | LRA 7.11 | LRA 7.13 (after certificate of unresolved dispute) |
| Sources: CCMA guidance pages. (ccma.org.za) |
Step 6 — If conciliation fails: arbitration or Con‑Arb
- If you referred a Con‑Arb (conciliation followed by arbitration) the CCMA can move directly from conciliation to arbitration without a separate referral if the correct process was followed.
- If you receive a certificate of non-resolution after conciliation, you must request arbitration using LRA Form 7.13 — usually within 90 days of the certificate issue or you need to apply for condonation. (ccma.org.za)
At arbitration:
- Prepare witness statements and evidence bundles.
- Expect cross-examination and formal examination-in-chief.
- Remedies can include reinstatement, re-employment, or compensation (the CCMA/LRA framework guides what a commissioner may order).
Step 7 — After an award: enforcement and follow-up
- Arbitration awards are binding. If an employer does not comply, you can have the award made an order of the Labour Court for enforcement.
- Keep all award documents, bank details and proof of non-compliance.
- If you need to challenge an award, legal advice is recommended quickly — there are tight timeframes for reviews.
Common pitfalls and practical tips
- Don’t miss time limits — file early and use condonation only when necessary. (ccma.org.za)
- Keep a paper and digital file of everything.
- Be concise and factual in your LRA forms — explain the dispute, remedies sought and attach key documents.
- Consider legal or union assistance for complex matters or where you seek reinstatement rather than compensation.
Useful CCMA and supplementary resources
- CCMA e‑referral / CMSONLINE (for LRA forms and electronic submission). (cmsonline.ccma.org.za)
- CCMA information on conciliation/ arbitration and condonation procedures. (ccma.org.za)
Related reading from this Career Guidance South Africa cluster:
- Career Guidance South Africa: Understanding Your Employment Rights — CCMA, UIF and Labour Law
- How to Read an Employment Contract in South Africa: Key Clauses and Red Flags
- Workplace Wellbeing Strategies for South African Employees: Managing Stress and Burnout
- Essential Soft Skills Employers in South Africa Look For — How to Demonstrate Them
- Union Membership, Collective Bargaining and Employee Rights in South Africa Explained
- Manager's Guide: Handling Performance Reviews and Disciplinary Processes in South Africa
- Remote Work and Flexible Contracts in South Africa: Legal Considerations and Best Practices
- Employment Checklists and Contract Templates for South African Employers and Employees
- Career Guidance South Africa: Building Resilience and Communication Skills for Workplace Success
Final notes
This guide explains the typical CCMA referral path and practical steps — but every case is different. If your dispute involves complex legal issues (e.g., automatically unfair dismissal, collective disputes, or jurisdictional questions), or if you’re unsure about timeframes, contact the CCMA directly or seek legal/union advice early. The CCMA offers regional offices, advice materials and e‑referral support to help you through the process. (ccma.org.za)
Disclaimer: This is an informational guide and does not replace legal advice.