If you have been dismissed unfairly, denied a fair workplace right, or involved in another employment dispute, the Commission for Conciliation, Mediation and Arbitration (CCMA) may help you resolve the matter without immediately going to court.
The process is designed to be accessible, and you usually do not need an attorney to refer a dispute. However, strict deadlines apply. Acting quickly, completing the correct form and keeping proof of every step can significantly improve your chances of being heard.
Important: This guide provides general information about lodging a CCMA dispute in South Africa. It is not a substitute for advice from a qualified labour-law professional or trade union.
What is the CCMA?
The CCMA is an independent statutory body established under the Labour Relations Act 66 of 1995 (LRA). It helps employees and employers resolve workplace disputes through processes such as:
- Conciliation: An impartial commissioner helps the parties try to reach an agreement.
- Mediation: The parties receive assistance in exploring a settlement.
- Arbitration: A commissioner hears the evidence and makes a decision, called an arbitration award.
- Facilitation: In certain large-scale retrenchment matters, the CCMA may assist the parties with consultation.
Common disputes referred to the CCMA include unfair dismissal, unfair labour practices, unfair suspension, demotion, disputes about probation, and some discrimination-related employment disputes.
For a broader overview, read How to Take an Employment Dispute to the CCMA.
First check whether the CCMA has jurisdiction
Before completing the referral, confirm that the CCMA is the correct forum. CCMA jurisdiction requirements can depend on the type of dispute, your industry and whether a bargaining council covers your workplace.
Ask yourself:
- Was there an employment relationship?
- Is the dispute covered by the Labour Relations Act or another law within the CCMA’s authority?
- Does a bargaining council have jurisdiction over your industry or workplace?
- Did the dispute arise within South Africa?
- Are you referring the matter within the relevant time limit?
A bargaining council may deal with disputes in sectors such as retail, local government, motor transport, construction or certain professional industries. If a bargaining council has jurisdiction, you may need to refer the dispute there instead of directly to the CCMA.
If you are unsure, contact the CCMA or the relevant bargaining council before submitting your referral. Sending a dispute to the wrong forum can cause delays and may create deadline problems.
Know the CCMA referral deadlines
The most important part of the CCMA dispute referral process is meeting the deadline. The time limit normally starts from the date the dismissal, unfair labour practice or other dispute occurred.
| Dispute type | Typical referral deadline |
|---|---|
| Unfair dismissal | Within 30 days of the dismissal |
| Unfair labour practice | Within 90 days of the act or omission |
| Discrimination dispute | Often within 6 months, depending on the legal basis |
| Dispute about a dismissal for an automatically unfair reason | Generally within 30 days |
| Other disputes | The deadline may depend on the relevant law or collective agreement |
For dismissal disputes, the 30-day period is particularly important. If you were dismissed on 1 March, you should generally refer the dispute by 31 March, subject to how the deadline is calculated.
What if you miss the deadline?
You may still refer a late dispute, but you must usually apply for condonation. This asks the CCMA to excuse the late referral.
Your condonation application should explain:
- How late the referral is.
- Why you missed the deadline.
- When you discovered the problem.
- Whether you acted promptly afterwards.
- The strength of your case.
- Any prejudice caused to you or the employer.
- Why allowing the matter to proceed would be fair.
A busy schedule, uncertainty or hoping the employer would resolve the issue may not automatically be enough. Give a clear, honest explanation and attach supporting proof where possible.
Complete the CCMA LRA 7.11 form
The main document used to refer a dispute is the CCMA LRA 7.11 form, also called the “Referral of a Dispute” form.
You can usually obtain it from a CCMA office, download it from the official CCMA website or complete an online CCMA dispute referral where the service is available.
The form asks for information such as:
- Your full name and contact details.
- The employer’s registered or trading name.
- The employer’s physical and electronic contact details.
- The type of dispute.
- The date the dispute arose.
- The outcome or remedy you want.
- Whether the dispute has already been referred elsewhere.
- Information about the workplace and bargaining council jurisdiction.
Complete the form carefully. If a question does not apply, write “not applicable” instead of leaving important sections blank.
What remedy should you request?
Your requested remedy should match the dispute. Possible remedies may include:
- Reinstatement.
- Re-employment.
- Compensation.
- Withdrawal of an unfair disciplinary sanction.
- Correction of an employment record.
- An order requiring the employer to comply with a workplace right.
Do not automatically request the maximum amount without considering the facts. Explain the outcome you are seeking and why it is appropriate.
Prepare the required CCMA referral documents
The LRA 7.11 form is the essential starting document, but supporting records can help clarify your case. Prepare a simple, organised file containing:
- Your employment contract or offer letter.
- Dismissal, suspension or disciplinary letters.
- Written warnings and investigation notices.
- Payslips and attendance records.
- Relevant emails, WhatsApp messages or letters.
- Grievances and the employer’s responses.
- A timeline of important events.
- Names and contact details of potential witnesses.
- Proof of the date and method of referral.
- Any condonation application, if the referral is late.
You do not need to submit every document immediately. However, keep the originals safe and label your copies clearly.
A payslip can be particularly useful for proving the employer’s identity, your employment status, salary and dates of service. See this practical guide to reading a South African payslip.
Lodge the dispute with the CCMA
There are several ways to lodge a CCMA dispute, depending on the available service and your circumstances.
Option 1: Submit the referral online
An online referral can be convenient if you have reliable internet access. Follow the official CCMA instructions, complete the electronic form and upload any requested documents.
Before submitting:
- Check that the employer’s email address is correct.
- Confirm that your contact number is working.
- Save a copy of the completed referral.
- Take screenshots of the confirmation page.
- Keep the reference number.
- Download or save any submission receipt.
Load shedding or unstable mobile data can make online filing stressful. If possible, complete the referral early rather than waiting until the last day.
Option 2: Submit it at a CCMA office
You can visit a CCMA office and submit the referral in person. Take at least two copies of your documents and keep one stamped copy for your records.
Ask the official to confirm whether the form is complete and whether you need to serve the employer yourself. Do not rely only on a verbal confirmation—retain written proof of submission.
Option 3: Email or other approved submission methods
The CCMA may allow referrals through specified electronic channels or methods in particular circumstances. Use the current contact instructions on the official CCMA website, as addresses and procedures can change.
Avoid sending sensitive documents to an unverified email address. Check that you are using an official CCMA channel.
Serve the referral on the employer
CCMA service of referral means giving the employer a copy of the completed referral form and any relevant documents. The employer must know about the dispute and have an opportunity to respond.
Depending on the filing method, you may need to serve the employer separately. Accepted methods can include:
- Email to a verified business address.
- Hand delivery.
- Registered mail or another trackable postal service.
- Delivery to the employer’s nominated representative.
Keep evidence of service, such as:
- Email delivery and read receipts.
- A signed acknowledgement.
- A courier or registered-mail receipt.
- A stamped copy.
- A photograph or written confirmation of hand delivery.
If the employer refuses to accept the documents, record what happened and use a trackable alternative. Incorrect service can delay the matter or create an objection at the first hearing.
Wait for the notice of set down
After receiving the referral, the CCMA will generally issue a notice of set down. This notice tells you the date, time, location and type of process scheduled.
Read it carefully. The first meeting is often a conciliation, not a trial. Missing the date can result in the matter being dismissed or postponed.
Tell the CCMA promptly if:
- Your contact details have changed.
- You cannot attend for a serious reason.
- The employer’s details are incorrect.
- You have not received the employer’s response.
- You require an interpreter or reasonable accommodation.
Prepare for CCMA conciliation
CCMA conciliation is usually less formal than arbitration. The commissioner will help both sides discuss the dispute and explore settlement.
Prepare a short explanation covering:
- What happened.
- When it happened.
- Why you believe the employer acted unfairly.
- What outcome you want.
- What documents support your version.
Stay factual and professional. Avoid insults, long unrelated stories and arguments about issues that are not part of your referral.
You may settle during conciliation. If an agreement is reached, ensure it is written clearly and signed. Check details such as payment dates, reinstatement terms, confidentiality clauses and what happens if either party does not comply.
If conciliation fails, the commissioner may issue a certificate of non-resolution. Depending on the dispute, the matter may proceed to arbitration or the Labour Court.
Understand what happens at arbitration
Arbitration is more formal than conciliation, although it is still designed to be accessible. Each party presents evidence and arguments, and the commissioner makes a decision.
You should be ready to:
- Give your version of events.
- Submit relevant documents.
- Question the employer’s witnesses.
- Respond to the employer’s evidence.
- Explain the remedy you are seeking.
For detailed preparation advice, read the CCMA arbitration preparation guide for employees.
A commissioner may issue an arbitration award after considering the evidence. If you disagree with an award, the next legal step may be an application to review it in the Labour Court, but strict rules and deadlines apply.
Common mistakes to avoid
A strong case can be weakened by administrative errors. Avoid these problems:
- Missing the referral deadline: Submit as soon as possible.
- Using the wrong forum: Check whether a bargaining council applies.
- Leaving the employer’s details incomplete: Use accurate company information.
- Failing to serve the employer: Keep proof of service.
- Requesting an unclear remedy: State exactly what you want.
- Ignoring a notice of set down: Attend or request a postponement promptly.
- Submitting unrelated evidence: Focus on documents that prove your dispute.
- Relying only on verbal discussions: Confirm important matters in writing.
Key takeaway
To lodge a CCMA dispute in South Africa, first confirm jurisdiction and the deadline, then complete the LRA 7.11 referral form, submit it through an approved channel, serve the employer and prepare for conciliation.
The process does not require you to be a legal expert. A clear timeline, accurate documents, respectful communication and proof of every step will help you present your case with confidence.