{"id":1137,"date":"2026-03-30T12:26:42","date_gmt":"2026-03-30T12:26:42","guid":{"rendered":"https:\/\/bizcraft.co.za\/blog\/?p=1137"},"modified":"2026-03-30T12:28:45","modified_gmt":"2026-03-30T12:28:45","slug":"how-to-go-to-the-ccma-a-plain-language-step-by-step-guide-for-employees","status":"publish","type":"post","link":"https:\/\/bizcraft.co.za\/blog\/how-to-go-to-the-ccma-a-plain-language-step-by-step-guide-for-employees\/","title":{"rendered":"How to Go to the CCMA \u2014 A Plain-Language Step-by-Step Guide for Employees"},"content":{"rendered":"

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<\/i><\/span><\/span><\/p>\n

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The Commission for Conciliation, Mediation and Arbitration \u2014 the CCMA \u2014 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

What the CCMA is: <\/b>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.<\/p>\n

What Can the CCMA Help You With?<\/h2>\n

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.<\/p>\n

The table below covers the most common dispute types, the applicable deadline, the correct form, and where the matter goes after conciliation:<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n
Type of Dispute<\/b><\/span><\/span><\/td>\nDeadline to Refer<\/b><\/span><\/span><\/td>\nForm to Use<\/b><\/span><\/span><\/td>\nAfter Conciliation Fails<\/b><\/span><\/span><\/td>\n<\/tr>\n<\/thead>\n
Unfair dismissal (misconduct, incapacity, retrenchment of one employee)<\/b><\/span><\/span><\/td>\n30 days from date of dismissal<\/span><\/span><\/td>\nLRA Form 7.11<\/span><\/span><\/td>\nRequest arbitration using LRA Form 7.13 within 90 days of the certificate of outcome<\/span><\/span><\/td>\n<\/tr>\n
Constructive dismissal (you were forced to resign)<\/b><\/span><\/span><\/td>\n30 days from date of resignation<\/span><\/span><\/td>\nLRA Form 7.11<\/span><\/span><\/td>\nRequest arbitration using LRA Form 7.13 within 90 days of the certificate of outcome<\/span><\/span><\/td>\n<\/tr>\n
Automatically unfair dismissal (pregnancy, union membership, whistleblowing, etc.)<\/b><\/span><\/span><\/td>\n30 days from date of dismissal<\/span><\/span><\/td>\nLRA Form 7.11<\/span><\/span><\/td>\nRefer to the Labour Court (not the CCMA) within 90 days of the certificate of outcome<\/span><\/span><\/td>\n<\/tr>\n
Unfair labour practice (unfair suspension, promotion, demotion, training, or benefits)<\/b><\/span><\/span><\/td>\n90 days from the date the dispute arose<\/span><\/span><\/td>\nLRA Form 7.11<\/span><\/span><\/td>\nRequest arbitration using LRA Form 7.13 within 90 days of the certificate of outcome<\/span><\/span><\/td>\n<\/tr>\n
Unfair discrimination (race, gender, disability, religion, etc.)<\/b><\/span><\/span><\/td>\n6 months from the date of the act of discrimination<\/span><\/span><\/td>\nEEA Form 1<\/span><\/span><\/td>\nRefer to the Labour Court if conciliation fails<\/span><\/span><\/td>\n<\/tr>\n
Retrenchment of more than one employee (Section 189A, more than 10 employees)<\/b><\/span><\/span><\/td>\n30 days from date of dismissal<\/span><\/span><\/td>\nLRA Form 7.11<\/span><\/span><\/td>\nRefer to the Labour Court (not CCMA arbitration) if conciliation fails<\/span><\/span><\/td>\n<\/tr>\n
Wage dispute or failure to pay minimum wage<\/b><\/span><\/span><\/td>\nNo specific deadline (bring as soon as possible)<\/span><\/span><\/td>\nLRA Form 7.11 or BCEA referral form<\/span><\/span><\/td>\nRequest arbitration using LRA Form 7.13 or BCEA enforcement through Department of Labour<\/span><\/span><\/td>\n<\/tr>\n
Bargaining council sector disputes (mining, motor, metal, etc.)<\/b><\/span><\/span><\/td>\nVaries by sector agreement<\/span><\/span><\/td>\nBargaining council form, not CCMA<\/span><\/span><\/td>\nResolved through the relevant bargaining council, not the CCMA<\/span><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Bargaining councils take priority: <\/b><\/span>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.<\/p>\n

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.<\/p>\n

The Deadlines You Cannot Miss<\/h2>\n

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.<\/p>\n

Do not put yourself in that position. Know your deadline and submit early.<\/p>\n