Refer an unfair dismissal dispute to the CCMA
The CCMA provides free conciliation and arbitration for dismissal disputes. Most cases never reach the Labour Court.
- Timeline
- 30-90 days to arbitration award
- Cost
- Free
- Steps
- 7 stages
Deadline — read this first
30 days from the date of dismissal for unfair dismissal; 90 days for unfair labour practices.
Who can file
Any employee dismissed or facing an unfair labour practice, regardless of length of service.
Step by step
- 1
Complete form LRA 7.11
The referral form identifies the parties, the dispute and the outcome sought.
- 2
Serve the employer
Proof of service on the employer must be attached to the referral.
- 3
Attend conciliation
A commissioner facilitates settlement; a signed settlement agreement is enforceable as an arbitration award.
- 4
Request arbitration
If conciliation fails, file LRA 7.13 within 90 days of the certificate of non-resolution.
- 5
Prepare for arbitration
Arbitration is a full hearing on the merits with witnesses and documents; the employer bears the onus on fairness.
- 6
Receive the award
The commissioner must issue an award within 14 days of the hearing, and it is final and binding.
- 7
Enforce or review
Certify the award for enforcement, or apply to the Labour Court for review within six weeks on narrow grounds.
Documents you must produce
- Form LRA 7.11 referral
- Dismissal letter or evidence of dismissal
- Contract of employment and payslips
- Disciplinary hearing minutes and outcome
- Proof of service on the employer
Common mistakes that sink cases
- Late referral without applying for condonation and explaining the delay.
- Referring against the wrong employer entity in outsourced or labour-broker arrangements.
- Treating conciliation as a formality rather than the best settlement opportunity.
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