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Ending Employment

Responding to a CCMA Referral

Once an employee refers a dispute — usually within 30 days of dismissal — the CCMA will notify you and set the matter down for conciliation. What you do (and document) from this point largely determines the outcome, since the employer carries the onus of proving the dismissal was fair.

Key facts

  • Conciliation comes first — a CCMA commissioner tries to help the parties settle. It's not a hearing on the merits; nothing said there can usually be used as evidence later if it fails.
  • If conciliation fails, a certificate of non-resolution issues, and the employee can refer the matter to arbitration (most cases) or, for certain disputes (e.g. automatically unfair dismissal, large-scale retrenchment), to the Labour Court instead.
  • At arbitration, bring your full documentary record — the charge, notice, hearing minutes, outcome letter, and any performance/consultation records — this is where a well-run process pays off.
  • You can be represented by a co-owner, director, or employee of the business, or in some cases a legal practitioner or employers' organisation official — check the CCMA's representation rules for the specific forum.
  • Ignoring a CCMA notice doesn't make the dispute disappear — a default award can be made against an employer who doesn't participate.

The law that applies

  • Labour Relations Act 66 of 1995 — s 191 (referral and conciliation), s 192(2) (onus)
  • CCMA Practice Manual — full manual

Practical steps

  1. Read the CCMA notice carefully and note the conciliation date and forum.
  2. Gather your full documentary record for the dismissal before conciliation, not after.
  3. Attend (or send an authorised representative) — don't default.
  4. Consider settlement on its business merits, not only on whether you believe you were right.
  5. If it proceeds to arbitration, prepare your evidence and witnesses properly — this is where the case is actually decided.

Frequently asked questions

Should I try to settle at conciliation even if I think I did everything right?

It's worth genuinely considering — conciliation is confidential, faster and cheaper than arbitration, and even a strong case carries litigation risk and cost. It's a business decision, not an admission of fault.

What happens if I miss the conciliation date?

The matter can proceed and a default outcome can go against you. If you have a genuine reason for missing it, apply promptly to have any default ruling rescinded — don't simply ignore further notices.

Have a specific employee situation?

Ask Chat to Lex. It will take your specific facts and give you a cited assessment — not just the general position above — free.

Ask about responding to a ccma referral

This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney or labour law specialist.