If you have been dismissed unfairly, passed over for fair treatment, or placed in an unfair workplace situation, you may be able to refer the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA).
The CCMA is South Africa’s main forum for resolving many workplace disputes without immediately going to court. The process is designed to be accessible, but strict time limits and referral requirements apply. Acting quickly can protect your rights.
Important: This guide provides general information, not legal advice. For serious or complicated disputes, consider speaking to a trade union, advice office, labour consultant or attorney.
What types of employment disputes does the CCMA handle?
The CCMA generally deals with disputes covered by the Labour Relations Act (LRA) and certain disputes under the Employment Equity Act. However, the CCMA does not automatically have jurisdiction over every workplace problem.
Common disputes include:
- Unfair dismissal: You believe your dismissal was not for a fair reason or was not handled through a fair procedure.
- Unfair labour practice: This may involve unfair conduct relating to promotion, demotion, probation, suspension, disciplinary action or benefits.
- Discrimination disputes: These may involve unfair discrimination based on race, gender, pregnancy, disability, religion, age or another protected ground.
- Severance pay disputes: You believe you were not paid what was owed after retrenchment or termination.
- Working-condition disputes: Certain disputes about employment conditions may be referred, depending on the facts and the applicable law or bargaining council.
A dispute may instead need to go to a bargaining council, the Labour Court or another forum. Before filing, check whether your employer belongs to a bargaining council that has jurisdiction over your industry.
Check the CCMA time limits before doing anything else
One of the most important steps is calculating your deadline. Missing the employment dispute time limit can result in your referral being rejected unless the CCMA grants condonation.
Typical deadlines include:
| Type of dispute | Usual referral period |
|---|---|
| Unfair dismissal | Within 30 days of the dismissal |
| Unfair labour practice | Within 90 days of the act or omission |
| Discrimination dispute under the Employment Equity Act | Often within 6 months |
| Late referral | Requires an application for condonation |
The exact calculation can depend on the facts. For example, the date of dismissal may not always be the same as the date you received a termination letter.
Key takeaway: Do not wait for all your evidence before referring the case. You can gather and organise supporting documents while ensuring that the referral is submitted on time.
Step 1: Identify the legal dispute
Before completing the CCMA referral form, write down exactly what happened and what outcome you want.
Ask yourself:
- Were you dismissed, retrenched or forced to resign?
- Was a disciplinary process followed?
- Were you suspended without pay?
- Were you denied a promotion or benefit unfairly?
- Did your employer act unfairly during probation?
- Was the conduct linked to discrimination or harassment?
- Are you claiming unpaid wages, notice pay or severance pay?
Try to describe the dispute in one or two clear sentences. For example:
“I was dismissed for alleged misconduct, but I was not given a fair opportunity to respond to the allegations or present evidence.”
This helps you select the correct dispute category and explain your case at conciliation.
Step 2: Confirm that the CCMA has jurisdiction
The CCMA can only deal with matters within its legal authority. This is known as CCMA jurisdiction.
Check the following:
- You were employed in South Africa or the dispute is otherwise connected to South African labour law.
- The dispute falls under legislation or a collective agreement handled by the CCMA.
- The matter has not already been finally decided by another appropriate forum.
- A bargaining council does not have exclusive jurisdiction.
- You have identified the correct employer or legal entity.
- You have followed any required internal or collective bargaining process.
Some employees, such as certain senior public-sector employees or people covered by specific statutory bodies, may need to use another dispute-resolution forum.
If you are unsure, refer the matter promptly and ask the CCMA or a labour adviser about jurisdiction. Waiting until after your deadline creates unnecessary risk.
Step 3: Complete the CCMA referral form
The usual document for referring a dispute is CCMA Form 7.11, also called the Request for Assistance form.
You will normally need to provide:
- Your full name and contact details.
- The employer’s legal name, address, email address and telephone number.
- Your employment start date and job title.
- The date and nature of the dispute.
- The type of dispute, such as dismissal or unfair labour practice.
- A short description of what happened.
- The remedy or outcome you are seeking.
- Confirmation that the form has been served on the other party.
Be accurate and keep your description factual. Avoid long emotional explanations on the form. You will have an opportunity to explain the dispute during the conciliation process.
You can usually submit the referral through the CCMA’s online services, at a CCMA office or through another approved submission channel. Check the current CCMA instructions before sending documents, because submission methods and contact details can change.
Step 4: Serve the referral on your employer
After completing the form, you must usually send a copy to the employer. This is called serving the referral.
Keep proof that you sent it, such as:
- An email delivery record.
- A registered post receipt.
- A courier confirmation.
- A hand-delivery acknowledgement.
- A system-generated online submission confirmation.
Do not assume that submitting the form to the CCMA automatically proves that the employer received it. Keep both the CCMA confirmation and proof of service in one folder.
For practical recordkeeping, you can use a simple tracker similar to the one explained in How to Track Job Applications with a Simple Spreadsheet. Create columns for the deadline, documents sent, hearing date, employer response and next action.
Step 5: Prepare your CCMA supporting documents
You do not always need to attach every document when submitting the initial referral, but strong evidence will help you explain your case.
Useful employment dispute evidence may include:
- Employment contracts and job descriptions.
- Dismissal, retrenchment or suspension letters.
- Disciplinary notices and written warnings.
- Emails, WhatsApp messages and meeting invitations.
- Payslips, leave records and time sheets.
- Performance reviews and promotion applications.
- Grievances and the employer’s responses.
- Witness names and contact details.
- Policies or procedures that the employer allegedly ignored.
- Medical or other records, where genuinely relevant.
Organise your evidence in date order. Rename digital files clearly, such as 2024-06-14_Dismissal_Letter.pdf.
Do not secretly record, alter or manufacture evidence. Preserve original messages where possible, and be careful when sharing personal information about colleagues. The guidance in POPIA-compliant job applications is also useful when deciding how to handle sensitive personal data.
Step 6: Attend conciliation
The first formal stage is usually conciliation. A CCMA commissioner helps the parties try to reach an agreement.
Conciliation is not a trial. You will generally have an opportunity to explain:
- What happened.
- Why you believe the employer acted unfairly.
- What remedy you want.
- Whether you are willing to negotiate.
Possible outcomes include:
- Reinstatement.
- Re-employment.
- Compensation.
- Payment of outstanding amounts.
- Correction of an employment record.
- An agreed settlement without admission of liability.
Prepare a short timeline before the meeting. Focus on the most important facts, rather than trying to explain every disagreement you have ever had at work.
If a settlement is reached, read it carefully before signing. Check the payment date, amount, tax treatment where applicable, confidentiality terms and what happens if either party does not comply.
Step 7: Understand what happens if conciliation fails
If the dispute is not resolved, the commissioner may issue a certificate of outcome. This confirms that the dispute remains unresolved and may indicate the next step.
Depending on the dispute, you may be able to request arbitration. Some matters may proceed to the Labour Court instead.
The conciliation and arbitration process is sometimes combined in a process called con-arb. This can allow arbitration to happen immediately after unsuccessful conciliation, although either party may have a right to object in certain circumstances.
At arbitration, the parties present evidence and arguments. The commissioner then makes a decision, usually called an arbitration award.
Step 8: Prepare for arbitration if required
Arbitration is more formal than conciliation, although it is generally less complicated than a court trial.
Prepare by:
- Writing a chronological statement of events.
- Preparing questions for the employer’s witnesses.
- Listing the documents you will rely on.
- Identifying the rule, policy or legal principle that supports your case.
- Preparing a realistic remedy.
- Bringing several organised copies of important documents.
You must prove the facts supporting your claim on the applicable legal standard. In an unfair dismissal dispute, the employer generally has to show that the dismissal was fair, but your evidence still matters.
Can you have legal representation at the CCMA?
CCMA legal representation is restricted in some arbitration matters.
In certain dismissal disputes involving misconduct or incapacity, attorneys or advocates may not automatically represent a party. Legal representation may be allowed if:
- The other party agrees.
- The commissioner permits it.
- The matter is legally or factually complex.
- The dispute falls into a category where representation is allowed.
You may usually represent yourself, use a trade union official or obtain help from an employer organisation where permitted. Ask about the rules before the hearing rather than assuming an attorney can appear automatically.
What if your referral is late?
If you missed the deadline, you can submit a condonation application. This is a request asking the CCMA to accept the late referral.
Explain:
- How late the referral is.
- Why it was late.
- When you learned about the deadline.
- Whether you acted as soon as possible afterwards.
- The strength of your underlying case.
- Any prejudice suffered by you or the employer.
A good reason alone does not guarantee condonation. The CCMA may weigh the length of the delay, the explanation, prospects of success and prejudice to both parties.
Common mistakes to avoid
- Waiting too long: The 30-day dismissal deadline arrives quickly.
- Referring to the wrong forum: Check for bargaining council jurisdiction.
- Using vague allegations: State what happened, when and why it was unfair.
- Failing to serve the employer: Keep proof of delivery.
- Ignoring hearing notices: Missing a hearing can damage your case.
- Bringing disorganised evidence: A clear timeline is more persuasive.
- Demanding an unrealistic remedy: Consider reinstatement, compensation and practical outcomes.
- Assuming every workplace disagreement is legally unfair: Unfairness must usually connect to a recognised legal dispute.
Final checklist before referring your case
Use this quick checklist:
- Identify the type of employment dispute.
- Check the correct referral deadline.
- Confirm whether the CCMA or a bargaining council has jurisdiction.
- Complete CCMA Form 7.11 accurately.
- Submit the referral through an approved channel.
- Serve a copy on the employer.
- Keep proof of submission and service.
- Organise your evidence and timeline.
- Attend conciliation.
- Prepare for arbitration or the next appropriate legal step.
Taking an employment dispute to the CCMA can feel intimidating, especially when you are dealing with lost income or an unfair workplace decision. Start with the deadline, keep your facts organised and take one step at a time—you do not need to solve the entire case on the first day.