How to Go to the CCMA — A Plain-Language Step-by-Step Guide for Employees

Last updated: March 2026 | Reading time: 14 minutes | For: Any South African employee who has a workplace dispute and wants to understand the CCMA process before setting foot in the door

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The Commission for Conciliation, Mediation and Arbitration — the CCMA — is the single most important institution for South African workers who have a dispute with their employer. It is free to use. You do not need a lawyer to start the process. And it handles hundreds of thousands of cases every year on behalf of ordinary employees who had no idea how the system worked when they first walked in.

The problem is that most employees only discover the CCMA exists after something has gone wrong. By then they are panicked, under time pressure, and trying to absorb procedural rules that were designed for people who already understand labour law. The result is that too many employees lose CCMA cases not because their case was weak but because they missed a deadline, served the wrong form, brought the wrong documents, or accepted a settlement worth far less than they were entitled to.

This guide is written for people who have never been to the CCMA before. It covers every stage of the process in plain language: what the CCMA can and cannot help you with, how to complete the referral form correctly, how to serve your employer, what happens at conciliation and arbitration, how to evaluate a settlement offer, and what to do if the outcome does not go your way. Every step is explained the way a knowledgeable friend would explain it, not the way a legal textbook would.

What the CCMA is: The CCMA is an independent statutory body created by the Labour Relations Act (LRA). Its job is to resolve workplace disputes between employees and employers quickly, cheaply, and with as few legal formalities as possible. It is not a court, but its arbitration awards carry the same force as a court order. The CCMA is free to use. There are no filing fees and no charges for conciliation or arbitration.

What Can the CCMA Help You With?

Before you fill in a single form, you need to confirm that the CCMA has jurisdiction over your dispute. The CCMA handles specific types of workplace disputes. It cannot hear everything. Sending your dispute to the wrong body wastes your time and may cause you to miss a deadline for the correct forum.

The table below covers the most common dispute types, the applicable deadline, the correct form, and where the matter goes after conciliation:

Type of Dispute	Deadline to Refer	Form to Use	After Conciliation Fails
Unfair dismissal (misconduct, incapacity, retrenchment of one employee)	30 days from date of dismissal	LRA Form 7.11	Request arbitration using LRA Form 7.13 within 90 days of the certificate of outcome
Constructive dismissal (you were forced to resign)	30 days from date of resignation	LRA Form 7.11	Request arbitration using LRA Form 7.13 within 90 days of the certificate of outcome
Automatically unfair dismissal (pregnancy, union membership, whistleblowing, etc.)	30 days from date of dismissal	LRA Form 7.11	Refer to the Labour Court (not the CCMA) within 90 days of the certificate of outcome
Unfair labour practice (unfair suspension, promotion, demotion, training, or benefits)	90 days from the date the dispute arose	LRA Form 7.11	Request arbitration using LRA Form 7.13 within 90 days of the certificate of outcome
Unfair discrimination (race, gender, disability, religion, etc.)	6 months from the date of the act of discrimination	EEA Form 1	Refer to the Labour Court if conciliation fails
Retrenchment of more than one employee (Section 189A, more than 10 employees)	30 days from date of dismissal	LRA Form 7.11	Refer to the Labour Court (not CCMA arbitration) if conciliation fails
Wage dispute or failure to pay minimum wage	No specific deadline (bring as soon as possible)	LRA Form 7.11 or BCEA referral form	Request arbitration using LRA Form 7.13 or BCEA enforcement through Department of Labour
Bargaining council sector disputes (mining, motor, metal, etc.)	Varies by sector agreement	Bargaining council form, not CCMA	Resolved through the relevant bargaining council, not the CCMA

Bargaining councils take priority: If you work in the mining, motor, metal and engineering, building, or domestic worker sector, your dispute may fall under the jurisdiction of a bargaining council rather than the CCMA. Bargaining councils operate under their own rules and timelines. Referring to the CCMA when you should have gone to the bargaining council can result in your case being declined. If you are unsure, call the CCMA helpline on 0861 16 2262 before submitting any form.

One more important boundary: the CCMA only handles disputes between employees and employers. An employee is someone who works for another person or organisation under their control and direction. If you are an independent contractor, a commission-only agent classified as self-employed, or a domestic worker whose employer disputes your employee status, the CCMA may first need to determine whether you qualify as an employee before it can hear your dispute. If this applies to you, note it clearly when you complete your referral form.

The Deadlines You Cannot Miss

The CCMA process is built around strict time limits. Missing a deadline does not automatically kill your case, but it forces you to apply for condonation, which means persuading the CCMA to allow your late referral. Condonation is not guaranteed. Commissioners consider how late the referral was, the reason for the delay, your prospects of success, and the prejudice to the other party. Some condonation applications succeed. Many do not.

Do not put yourself in that position. Know your deadline and submit early.

• Unfair dismissal: 30 days from the date of dismissal. This includes weekends and public holidays. Day 1 is the day after your dismissal date. If the 30th day falls on a weekend or public holiday, you may submit on the next business day, but do not rely on this without confirming with the CCMA first.
• Constructive dismissal: 30 days from the date you resigned. The clock starts on the day after you handed in your resignation or verbally resigned, not from the date the conditions became intolerable.
• Unfair labour practice: 90 days from the date the unfair act occurred or the date you became aware of it. This applies to unfair suspension, unfair promotion or demotion decisions, unfair denial of training, or unfair conduct relating to benefits.
• Unfair discrimination: 6 months from the date of the discriminatory act. This applies to disputes under the Employment Equity Act.
• Arbitration request after conciliation fails: 90 days from the date of the certificate of outcome issued by the commissioner at the end of conciliation.

Calculate your deadline today: If you were dismissed, count 30 calendar days forward from your dismissal date. Mark that date in your phone with an alarm. Then aim to submit your LRA Form 7.11 at least 5 days before that deadline. This gives you time to correct any errors on the form before the deadline passes.

The CCMA Process Step by Step

Step 1: Try to Resolve the Dispute Internally First

Before going to the CCMA, you are expected to have attempted to resolve the dispute through your employer’s internal processes. For a dismissal, this means appealing through the internal disciplinary appeal process if your employer’s code provides one. For an unfair labour practice, it means raising a formal grievance with HR.

You do not have to exhaust every internal process before going to the CCMA. But commissioners take a negative view of employees who skipped a genuine internal remedy that was available. If your employer has a disciplinary appeal procedure and you did not use it, be prepared to explain why at conciliation. If the process was not genuine or if it would have been futile given the circumstances, say so clearly.

Step 2: Complete LRA Form 7.11 — The Referral Form

The LRA Form 7.11 is the document that formally opens your CCMA case. Download it for free from the CCMA website at ccma.org.za under the Resources or Forms section. You do not need a lawyer to complete it. The CCMA’s advisory service can assist you if you are struggling.

Completing the form accurately is critical. Errors in the form can make your referral defective, which means the CCMA may not have jurisdiction to hear your matter. The table below guides you through each section:

Section on the Form	What to Write	Common Mistakes to Avoid
Referring party details	Your full name exactly as it appears on your ID. Your current phone number. Your current email address or postal address. Your South African ID number.	Using a nickname or abbreviated name. Providing a phone number that is no longer active. The CCMA will call this number to schedule your conciliation.
Respondent details	Your employer’s full registered legal name (check your payslip or employment contract). The employer’s physical address for the main office or HR department. A contact number and email for the HR department if you have it.	Writing only a trading name when the legal entity is different. Leaving the address blank. The CCMA uses this to serve notice on your employer.
Nature of the dispute	Select the correct category. For dismissal, select ‘Unfair Dismissal’. For constructive dismissal, select ‘Constructive Dismissal’. For automatically unfair dismissal, note the specific ground such as ‘automatically unfair dismissal — pregnancy’ or ‘automatically unfair dismissal — union membership’.	Selecting the wrong category. This affects the process and the form of relief available. If you are unsure, write a brief description and the CCMA will help classify it at submission.
Date of dismissal	The exact date your employment ended or, for constructive dismissal, the date you resigned. This is the date from which the 30-day deadline is calculated.	Writing the date of your disciplinary hearing or the date you received the outcome letter, instead of the actual dismissal date. These can be different.
Outcome sought	State clearly what you want: reinstatement to your previous job, re-employment in a different role at the same employer, or compensation. You can state a preference and indicate you will accept an alternative.	Leaving this blank. A commissioner needs to know what remedy you are seeking before conciliation begins. Stating your expectation also helps you evaluate any settlement offer rationally.
Brief description of the dispute	Write a factual, chronological summary. Include: when you were employed, what your role was, when the incident leading to dismissal occurred, whether a disciplinary hearing was held and when, what outcome was given, and why you believe it was unfair. Keep it to a paragraph or two.	Writing an emotional account without dates or facts. Lengthy personal opinions about your employer. Accusations without factual grounding. The commissioner will hear the full story at conciliation. This section just needs to establish the nature of the dispute.

One form, one dispute: Each LRA Form 7.11 covers one dispute. If you have both an unfair dismissal claim and a separate unpaid salary claim, these may need to be referred separately. Speak to the CCMA advisory service if you have multiple issues to raise.

Step 3: Serve the Form on Your Employer

This step is the one most often overlooked and most often fatal to a referral. Before or at the same time as submitting to the CCMA, you must serve a copy of the completed LRA Form 7.11 on your employer. The CCMA cannot hear a matter if the other party was not properly notified.

Service means delivering the form to your employer in a way that gives them actual notice. The following methods are accepted:

• Hand delivery: Take the form in person to your employer’s office, ask them to sign a copy as acknowledgement of receipt, and keep the signed copy.
• Email: Send the completed form as an attachment to your employer’s HR department or direct manager. Request a read receipt and delivery confirmation. Screenshot the sent email showing the date, time, and recipient.
• WhatsApp: Send the completed form as a PDF attachment to a WhatsApp number you have previously used for work communication. Screenshot the delivered and read ticks with the date visible.
• Registered post or courier: Send by registered mail or courier to your employer’s registered address. Keep the tracking number and the delivery confirmation.

Attach your proof of service to your CCMA submission. When you present yourself at the CCMA or submit by email, bring or attach the proof that your employer received the form. Without this, the commissioner may adjourn or set aside the matter.

Step 4: Submit to the CCMA

Once the form is completed and served on your employer, submit it to the CCMA. You can do this in four ways:

• In person: Visit your nearest CCMA office during office hours. Bring the original completed form and your proof of service. The CCMA will stamp your copy and give you a case number.
• By email: Email the completed form and proof of service to your regional CCMA office. Office email addresses are available at ccma.org.za/offices. Ask for confirmation of receipt.
• Online portal: The CCMA has an online submission portal at ccma.org.za where you can submit forms digitally.
• By fax: Fax submission is still accepted at some offices but is being phased out. Confirm with your regional office before using this method.

Keep a copy of everything you submit and a record of when and how you submitted it. If there is ever a dispute about whether your referral was on time or correctly submitted, your records are your evidence.

Conciliation: What Actually Happens on the Day

Once your referral is accepted, the CCMA will contact both you and your employer to schedule a conciliation date. This typically happens within 30 days of your referral being accepted. The CCMA will contact you by phone or email, so make sure your contact details on the form are current.

What Conciliation Is

Conciliation is a confidential, informal meeting between you, your employer, and a CCMA commissioner. The commissioner’s role is not to decide who is right. They are a facilitator, not a judge. Their job is to help both parties find a settlement that resolves the dispute without needing to proceed to a formal hearing.

Nothing said at conciliation can be used as evidence in arbitration. This confidentiality is an important feature of the process: both sides can speak openly about what happened and what they would accept, without worrying that their words will be used against them later. It is specifically designed to make honest conversation possible.

How the Day Unfolds

When you arrive at the CCMA for conciliation, the process generally follows this sequence:

1. Introduction: The commissioner introduces themselves and explains the conciliation process. They confirm that both parties have received the referral form and that they have authority to negotiate a settlement.
2. Joint opening: The commissioner may begin with a joint session where both sides briefly describe their understanding of the dispute. This is not a full hearing. It is an information-sharing session.
3. Separate caucuses: The commissioner typically meets with each party separately and privately to understand their real position, what they would accept, and what the sticking points are. They shuttle between the parties to explore common ground.
4. Negotiation: The commissioner conveys proposals and counter-proposals between the parties. They may make their own suggestions to help bridge the gap. They may use mediation or advisory arbitration to advance the discussion.
5. Settlement or certificate: If the parties reach an agreement, the commissioner drafts a settlement agreement that both parties sign. This agreement is legally binding and enforceable. If no agreement is reached, the commissioner issues a certificate of outcome confirming that the dispute remains unresolved. This certificate is your gateway to the next stage.

Conciliation hearings can take place in person at the CCMA offices, by telephone, or on an online platform such as Microsoft Teams. The CCMA will confirm the format in advance. Whichever format is used, prepare as seriously as you would for an in-person meeting.

How to Prepare for Conciliation

Preparation is the difference between a good settlement and a bad one. Most employees who are pressured into accepting an unfair settlement at conciliation simply did not calculate what they were entitled to before they walked in. Here is how to prepare:

• Calculate your maximum entitlement: Multiply your monthly gross salary by 12 (the maximum compensation for ordinary unfair dismissal). This is your ceiling. Any settlement offer should be evaluated against this figure, discounted for the risk of losing at arbitration.
• Decide whether you want reinstatement or compensation: Before the day, know what outcome you are asking for. If you want your job back, say so clearly. If you do not want to return to that employer under any circumstances, focus on the compensation figure.
• Know the strengths and weaknesses of your case: Be honest with yourself about where your case is strong and where it is not. If you have no written evidence of the events you are describing, your case is weaker than one with documentation. A weaker case warrants more openness to settlement.
• Bring all your documents: Even though conciliation is informal, having your contract, payslips, dismissal letter, and a written timeline shows the commissioner and your employer that you are prepared and serious.

Question to Ask Yourself	If the Answer Is Yes	If the Answer Is No
Is the offer at least equal to what I would realistically be awarded at arbitration?	Accepting the settlement saves you months of waiting for an arbitration date and the risk of losing. A certain outcome now is often worth more than a potentially larger but uncertain outcome later.	Do not accept. You have nothing to lose by proceeding to arbitration if the employer’s offer is genuinely less than what a commissioner would award you.
Do I want my job back?	Reinstatement or re-employment should be a specific part of the settlement if that is what you want. Make sure the terms include your start date, your previous salary, and back pay from the date of dismissal.	Compensation is the right remedy for you. Make sure the settlement amount reflects your length of service, the seriousness of the unfairness, and the financial harm you have suffered.
Is the employment relationship permanently damaged?	If returning to the same employer is genuinely untenable, negotiate for compensation plus a positive reference and agreement not to dispute any future unemployment claims. A clean break on good terms is often the best outcome.	Reinstatement may be appropriate. Ensure the settlement addresses what changes the employer will make to prevent the same situation from recurring.
Do I have a clear, strong case with good documentation?	You are in a stronger negotiating position. Do not accept a low offer just to end the process. Your evidence is leverage.	Consider the risk carefully before rejecting an offer. A case without documentation is harder to win at arbitration, and a modest settlement may be a better practical outcome than an uncertain hearing.

Do not be pressured into a bad settlement: Commissioners should not pressure you to settle. But the environment of a conciliation room can create informal pressure to resolve the matter and go home. Know your number before you walk in. If an offer is below what you calculated you are entitled to, it is completely acceptable to say no and proceed to arbitration. Many employees win more at arbitration than they were offered at conciliation.

Con-Arb: When Conciliation and Arbitration Happen on the Same Day

The CCMA increasingly schedules all disputes as con-arb hearings, which means conciliation takes place first and, if it fails to resolve the matter, arbitration begins immediately on the same day. This is designed to reduce delays and resolve disputes faster.

Con-arb is compulsory and cannot be objected to for:

• Disputes about dismissal during or related to probation
• Compliance order disputes under Section 69(5) of the Basic Conditions of Employment Act
• Wage claims under Section 73A of the BCEA

For other dispute types, a party can object to con-arb by delivering a written notice to both the CCMA and the other party at least 7 days before the scheduled date. If a valid objection is submitted, the conciliation and arbitration are separated and the normal sequence applies.

The practical consequence of con-arb for you as an employee is simple: always treat any CCMA hearing date as if arbitration will happen that same day. Bring your full bundle of documents, arrange for your witnesses to be present, and have your evidence and opening statement prepared. If conciliation resolves the matter, you will not need any of it. If it does not, you will be glad you came ready.

Arbitration: The Formal Hearing

If conciliation fails and you have requested arbitration by submitting LRA Form 7.13 within 90 days of the certificate of outcome, the matter proceeds to a formal arbitration hearing. Arbitration is significantly more formal than conciliation. The commissioner now acts as a judge, hears evidence from both sides, and issues a binding decision called an arbitration award.

How to Request Arbitration

Complete LRA Form 7.13, the Request for Arbitration. Download it from ccma.org.za. The form requires your case number (from your original referral), confirmation that conciliation failed, and the nature of the relief you are seeking. Serve a copy on your employer using the same methods used for the original referral, and submit to the CCMA with proof of service. You must do this within 90 days of the certificate of outcome from conciliation.

How to Prepare for Arbitration

Arbitration is a proper evidentiary hearing. The commissioner will ask both sides to present their cases fully, including leading evidence, calling witnesses, cross-examining the other side’s witnesses, and making closing arguments. Here is how to prepare effectively:

• Organise your documents into a bundle: Print all your evidence and organise it in chronological order. Number each page. Make three copies: one for the commissioner, one for the employer, one for yourself. The bundle should include your employment contract, payslips, dismissal letter, written warnings, all relevant communications, and your written timeline of events.
• Prepare your opening statement: In two to three minutes, be ready to explain what your case is about: who you are, what your role was, when you were dismissed, why you believe it was unfair, and what you are asking the commissioner to award you.
• Prepare your evidence-in-chief: This is the testimony you give about what happened from your own perspective. Speak from your written timeline so that your account is chronological and consistent. Stick to facts: dates, words spoken, who was present, what you were told.
• Prepare to be cross-examined: Your employer will challenge your account. Stay calm. If you do not know the answer to a question, say so. Do not speculate. Do not get angry. A calm, consistent witness is far more credible than a combative one.
• Prepare to cross-examine your employer’s witnesses: Before the hearing, write down the key points you need to challenge in your employer’s version of events. For each point, identify what documents or witnesses contradict what the employer is likely to say. Ask clear, focused questions during cross-examination.
• Prepare your closing argument: At the end of both sides’ evidence, each party makes a closing argument summarising why the commissioner should find in their favour. Keep it focused: summarise the key facts that support your case, address the main arguments your employer made, and state clearly what relief you are asking for and why.

What the Commissioner Considers at Arbitration

For an unfair dismissal arbitration, the commissioner must determine:

• Substantive fairness: Did the employer have a valid, fair reason for the dismissal? Was the misconduct serious enough to warrant dismissal rather than a lesser sanction?
• Procedural fairness: Did the employer follow a fair disciplinary process? Was the employee given proper notice, a genuine hearing, the right to a representative, and a written outcome?
• Appropriate remedy: If the dismissal was unfair, what is the right remedy? Reinstatement, re-employment, or compensation? And if compensation, how many months’ remuneration is appropriate given the circumstances?

The onus of proof is on the employer to prove that the dismissal was fair. The employee does not have to prove the dismissal was unfair. The employer must demonstrate both a fair reason and a fair process. If they cannot, the dismissal is unfair and the commissioner will award a remedy.

Who Can Represent You at the CCMA?

Representation rules at the CCMA are specific to each stage of the process. Understanding them prevents you from arriving with the wrong representative or being surprised that your lawyer is not permitted to speak on your behalf.

Stage	Who Can Represent You	Can You Bring a Lawyer?	Practical Advice
Conciliation	Yourself, a trade union official or shop steward, or an official from a registered employers’ organisation. No lawyers allowed at conciliation.	No. Legal practitioners are not permitted at conciliation proceedings. If a lawyer attends, it is only to raise preliminary or jurisdictional issues.	Most employees represent themselves at conciliation. The commissioner is a neutral facilitator, not a judge. Be calm, factual, and open to a reasonable settlement.
Arbitration (misconduct, incapacity, or probation dismissal)	Yourself, a trade union official, a candidate attorney, or a fellow employee. A lawyer may only appear if both parties agree, or if the commissioner grants permission based on the factors in CCMA Rule 25(1)(c).	Only by agreement or commissioner’s permission. This is the default rule for misconduct and incapacity dismissal arbitrations.	If your employer brings a lawyer, you can object or request that the commissioner balance proceedings. Commissioners are trained to assist unrepresented parties to present their case fairly.
Arbitration (all other disputes)	Yourself, a trade union official, a legal practitioner, or a candidate attorney.	Yes. Lawyers are permitted at arbitration for disputes other than misconduct, incapacity, or probation dismissals.	If the matter is complex, involves significant compensation, or concerns automatically unfair dismissal, legal assistance is worth considering. Contact Legal Aid South Africa at 0800 110 110 if you cannot afford a lawyer.
Con-Arb (conciliation and arbitration on the same day)	Same rules apply: no lawyers at the conciliation part, lawyer rules for the arbitration part depending on the nature of the dispute.	Only at the arbitration portion, subject to the same rules as above.	Treat a con-arb date as if you are going straight to arbitration. Bring all documents, all witnesses, and your complete prepared case. Conciliation may resolve it, but assume it will not.

Legal Aid South Africa provides free legal assistance to qualifying South Africans in certain labour disputes. Their contact number is 0800 110 110 (toll-free). You can also contact the CCMA’s advisory service by calling 0861 16 2262 for guidance on completing forms and understanding the process.

What to Bring and When

The difference between a strong CCMA case and a weak one almost always comes down to documentation. Commissioners cannot find in your favour on the basis of your word alone if your employer has written records that contradict your account. The table below sets out every document you may need and when to bring it:

Document	Why You Need It	Bring to Conciliation / Arbitration / Both
Copy of your LRA Form 7.11 referral	The commissioner and your employer need copies. Bring at least three: one for the commissioner, one for your employer, one for yourself.	Both
Your employment contract or letter of appointment	Proves your terms of employment, your salary, your start date, and your role. Essential for calculating compensation.	Both
Your dismissal letter or written outcome of the disciplinary hearing	Establishes the official reason your employer gave for the dismissal. This is the starting point for testing substantive fairness.	Both
All written warnings you received	Shows the history of disciplinary action and whether the final sanction was proportionate given your record.	Both
Your last three payslips	Confirms your monthly remuneration, which is the basis for calculating compensation. Bring at least three months.	Both
A written timeline of events with dates	Helps you tell your story clearly and in the correct sequence under pressure. Write it before the hearing, not on the day.	Both
Any written communications related to the dispute	Emails, WhatsApp messages, or letters that support your version of events. Print them out and organise them by date.	Both
Proof that you served the LRA Form 7.11 on your employer	The CCMA requires evidence that you notified your employer of the referral. Without this, the matter may be defective.	Conciliation
Witness statements or witnesses in person	If someone else witnessed the dismissal, the disciplinary hearing, or relevant events, their evidence strengthens your case at arbitration.	Arbitration
Your LRA Form 7.13 (request for arbitration)	Required to request arbitration after conciliation fails. Submit within 90 days of the certificate of outcome.	Arbitration
Any documents your employer may have given you during the disciplinary process	Performance reviews, the notice of hearing, investigation notes, minutes of the disciplinary hearing. These are admissible evidence.	Both

Organise before you arrive: Label each document with a brief description and the date. If you have a large number of communications, print the most relevant ones and highlight the key sentences. Arriving with a disorganised pile of papers is almost as harmful as arriving with no papers at all.

CCMA Offices: Where to Submit and Who to Call

The CCMA has offices in all nine provinces and in most major cities. You should submit your LRA Form 7.11 to the office that serves the area where the employer is located or where you worked, not necessarily where you currently live.

Province	Main Office City	Phone Number	How to Submit Forms
Gauteng	Johannesburg (Head Office) and Pretoria	011 377 6650 (JHB)	In person, by email, or via the CCMA online portal at ccma.org.za
Western Cape	Cape Town	021 469 0111	In person, by email, or via the CCMA online portal at ccma.org.za
KwaZulu-Natal	Durban	031 362 7600	In person, by email, or via the CCMA online portal at ccma.org.za
Eastern Cape	Port Elizabeth (Gqeberha)	041 390 0600	In person, by email, or via the CCMA online portal at ccma.org.za
Limpopo	Polokwane	015 296 7300	In person, by email, or via the CCMA online portal at ccma.org.za
Mpumalanga	Nelspruit (Mbombela)	013 754 6400	In person, by email, or via the CCMA online portal at ccma.org.za
North West	Rustenburg and Mahikeng	014 594 8800	In person, by email, or via the CCMA online portal at ccma.org.za
Free State	Bloemfontein	051 505 5200	In person, by email, or via the CCMA online portal at ccma.org.za
Northern Cape	Kimberley	053 807 9000	In person, by email, or via the CCMA online portal at ccma.org.za

The CCMA national helpline is 0861 16 2262. This line provides advisory assistance on completing forms, understanding the process, and identifying the correct office for your area. It is not a complaints line and commissioners do not answer it, but the advisory staff can help you avoid the most common procedural mistakes.

After the Arbitration Award: What Happens Next

If You Win

The commissioner issues a written arbitration award within 14 days of the conclusion of the hearing. If the award orders reinstatement, your employer must reinstate you by the date specified in the award. If the award orders compensation, your employer must pay within the period specified, typically 30 days.

If your employer does not comply with the award, you can apply to the Labour Court to have the arbitration award made an order of court. Once it is a court order, you can enforce it through the Sheriff of the Court in the same way as any other judgment debt. The CCMA can assist you with this process.

If You Lose

If the commissioner finds against you at arbitration, you have limited recourse. You can apply to the Labour Court to review the award within six weeks of the award being issued. A review application does not re-hear the facts. It challenges the award on the basis that the commissioner committed a reviewable irregularity: that they failed to apply their mind, that the award was not rationally connected to the evidence, or that there was a gross irregularity in the proceedings.

Reviews are expensive, time-consuming, and succeed less often than many people expect. Before pursuing a review, get a legal opinion on whether your grounds are genuinely strong. Contact Legal Aid South Africa at 0800 110 110 if you cannot afford a private attorney.

If Conciliation Fails and You Decide Not to Proceed to Arbitration

You are not obliged to proceed to arbitration after conciliation fails. If you decide the process is not worth continuing, you can simply do nothing after receiving the certificate of outcome. The 90-day window for requesting arbitration will expire and the matter will close. Keep the certificate of outcome in your records in case you change your mind within the 90-day window.

The Mistakes That Cost Employees Their Cases

Commissioners see these errors repeatedly. Avoid every one of them:

• Missing the 30-day deadline: The most common and most preventable cause of case failure. Count from the day after your dismissal. Submit early.
• Not serving the form on the employer: Your referral is defective without proof of service. This is a procedural error that can cost you your entire case regardless of how strong your substantive claim is.
• Providing the wrong employer name: The legal entity name matters. If you write the trading name and the legal entity is different, your employer may argue the referral was not properly served on them. Check your payslip for the correct registered name.
• Selecting the wrong dispute type: Selecting ‘unfair labour practice’ when the correct category is ‘unfair dismissal’ can affect your rights and the process. If unsure, call the CCMA helpline before submitting.
• Accepting a settlement for less than you are owed: Calculate your maximum entitlement before conciliation. Know your number. Do not accept anything you have not evaluated rationally.
• Arriving at arbitration without documents: A verbal account with no supporting documents is very difficult to sustain under cross-examination. Bring everything in an organised bundle.
• Getting emotional during the hearing: Arbitration is stressful. Staying calm and factual is not just advisable, it is strategically important. Commissioners assess your credibility as a witness. Anger and personal attacks undermine that credibility.
• Failing to request arbitration within 90 days: After conciliation fails and the commissioner issues a certificate, you have 90 days to submit LRA Form 7.13. Many employees do this late or not at all. Set a reminder on the day conciliation fails.

Frequently Asked Questions

How do I go to the CCMA step by step?

Complete LRA Form 7.11 from ccma.org.za. Serve a copy on your employer by email, WhatsApp, hand delivery, or registered post. Keep your proof of service. Submit the form and proof of service to your nearest CCMA office in person, by email, or online. Do all of this within 30 days of your dismissal. The CCMA will schedule a conciliation hearing within 30 days of accepting your referral. If conciliation fails, submit LRA Form 7.13 within 90 days of the certificate of outcome to request arbitration.

Is the CCMA free to use?

Yes. The CCMA charges no fees for conciliation or arbitration. There are no filing fees, no hearing fees, and no administrative charges for employees. The only cost you may incur is if you choose to hire a lawyer to represent you at arbitration, which is your own choice and expense. Legal Aid South Africa can assist qualifying employees at no cost. Call 0800 110 110.

How long does the CCMA process take?

Conciliation is typically scheduled within 30 days of the referral being accepted. Arbitration, if required, is typically scheduled within 60 to 90 days after conciliation fails, though this varies by region and caseload. From referral to final arbitration award, the full process generally takes three to six months. Con-arb hearings, where both stages happen on the same day, are faster.

Can I bring a lawyer to the CCMA?

At conciliation, no. Lawyers are not permitted at conciliation for either party. At arbitration, the rules depend on the type of dispute. For misconduct, incapacity, and probation dismissal arbitrations, legal representation requires agreement from both parties or permission from the commissioner. For all other arbitration types, lawyers are permitted. See the representation table in this article for the full breakdown.

What is the difference between conciliation and arbitration at the CCMA?

Conciliation is an informal, confidential settlement meeting where the commissioner helps both parties find a voluntary agreement. The commissioner cannot impose an outcome. If no settlement is reached, the commissioner issues a certificate and the matter can proceed to arbitration. Arbitration is a formal hearing where the commissioner hears evidence, receives documents and witness testimony, and issues a binding award. It is more formal than conciliation and the commissioner acts as a decision-maker, not a facilitator.

What happens if I miss the 30-day deadline to go to the CCMA?

You must apply for condonation, which means filing an application explaining why your referral is late and asking the CCMA to excuse the delay. The commissioner considers how late you are, the reason for the delay, whether you have good prospects of success, and the prejudice to your employer if the late referral is allowed. Condonation is not guaranteed. The later your referral, the harder it is to obtain. Submit on time to avoid this risk entirely.

What is con-arb at the CCMA?

Con-arb stands for conciliation-arbitration. It is a process where the CCMA conducts conciliation first and, if the dispute is not resolved, proceeds to arbitration on the same day. Con-arb is the default for most CCMA cases. A party other than the referring party can object to con-arb for certain dispute types by delivering written notice at least 7 days before the hearing date. For probation dismissals, wage claims, and certain BCEA matters, con-arb is compulsory and cannot be objected to.

Final Word: The CCMA Was Built for You

South African labour law is genuinely employee-protective. The CCMA was designed to give ordinary workers access to justice without needing money for lawyers or legal training to navigate the process. It is not a perfect system and outcomes are never guaranteed, but it is one of the most accessible workplace dispute mechanisms in the world.

What separates employees who succeed at the CCMA from those who do not is almost never the strength of their underlying case. It is preparation, documentation, and meeting the deadlines. An employee with a strong case and poor preparation loses. An employee with a moderate case and excellent preparation often wins.

Read this guide again before your hearing. Bring your documents. Know your timeline. Calculate what you are owed before you walk into conciliation. And do not miss the 30-day deadline. The system exists to protect you. Use it.