LLexiSA

Labour Law

CCMA Disputes and Referrals

The Commission for Conciliation, Mediation and Arbitration (CCMA) resolves labour disputes quickly, cheaply and informally. Referring a dispute is free, and most employees represent themselves. The CCMA handles unfair dismissals, unfair labour practices, wage disputes, and disputes under the Basic Conditions of Employment Act and National Minimum Wage Act.

Key facts

  • Referral is free — you do not need a lawyer at conciliation, and legal representation at arbitration is limited for misconduct/incapacity dismissals.
  • Deadlines: 30 days for dismissal disputes, 90 days for unfair labour practices, 6 months for discrimination claims.
  • Conciliation must generally be completed within 30 days of referral.
  • Arbitration awards are final and binding, reviewable only on limited grounds in the Labour Court within 6 weeks.

The law that applies

  • Labour Relations Act 66 of 1995 — ss 112–150 (CCMA), s 191 (referrals)
  • CCMA Rules — Rules 10, 14, 17, 25 (referral, conciliation, arbitration, representation)

Leading cases

Sidumo v Rustenburg Platinum Mines Ltd [2007] ZACC 22

Sets the review standard for CCMA awards: could a reasonable decision-maker have reached the decision?

CUSA v Tao Ying Metal Industries [2008] ZACC 15

Commissioners must deal with the real dispute between the parties, not a narrow technical version of it.

Practical steps

  1. Complete Form 7.11 and attach proof that you served it on the employer.
  2. Submit to your nearest CCMA office in person, by email or online.
  3. Attend conciliation (informal, without prejudice).
  4. If unresolved, a certificate of outcome is issued — request arbitration within 90 days.

Frequently asked questions

Does it cost anything to go to the CCMA?

No. Referring a dispute to the CCMA is free. You may have to pay your own travel costs and, if you choose one where allowed, a representative.

What happens if my employer ignores the CCMA?

Conciliation can proceed without them, and at arbitration the commissioner may issue a default award in your favour, which can be certified and enforced like a court order.

Can I bring a lawyer to the CCMA?

At conciliation, no legal representation is allowed. At arbitration, lawyers are allowed for most disputes, but for misconduct and incapacity dismissals only with the commissioner's permission or agreement of all parties (Rule 25).

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

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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.