CCMA Referral Guide & Unfair Dismissal Checker
Were you dismissed, retrenched, or treated unfairly at work? Use this free tool to check whether you have a valid CCMA case, calculate your filing deadline, and get step-by-step guidance on the referral process under South African labour law.
CCMA Dispute Assessment Tool
Step 1: What happened?
Select the option that best describes your situation.
CCMA Dispute Process Timeline
Key CCMA Filing Deadlines
| Type of Dispute | Time Limit | Legislation |
|---|---|---|
| dismissed | 30 calendar days | LRA Section 191(1)(b)(i) |
| retrenched | 30 calendar days | LRA Section 191(1)(b)(i) |
| resigned due to intolerable conditions | 30 calendar days | LRA Section 186(1)(e) |
| Unfair labour practice | 90 calendar days | LRA Section 191(1)(b)(ii) |
| Unpaid wages or benefits | 3 years | BCEA Section 77 |
| Condonation (late filing) | After deadline has passed | LRA Section 191(2) |
What to Bring to the CCMA
Essential Documents
- South African ID document or passport
- Employment contract (if you have one)
- Latest payslips (at least 3 months)
- Dismissal letter or notice of termination
- Any written warnings you received
Supporting Evidence
- Emails, WhatsApp messages, or letters related to the dispute
- Witness statements or names of witnesses
- Disciplinary hearing records (minutes, outcome letter)
- Company disciplinary code or policy documents
- Bank statements showing salary payments (for wage disputes)
- Medical certificates (if relevant to the dispute)
For Retrenchment Cases
- Section 189 notice from employer
- Records of consultation meetings
- Selection criteria used by the employer
- Severance pay calculation and any settlement offer
CCMA Office Contact Details
Toll-free number: 0861 161 616 | Website: www.ccma.org.za
Understanding the CCMA Process in South Africa
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent dispute resolution body established under the Labour Relations Act 66 of 1995. It provides free services to employees and employers to resolve workplace disputes. The CCMA handles unfair dismissal cases, unfair labour practice disputes, and certain wage-related claims.
The CCMA process is designed to be accessible to ordinary workers without legal representation. You do not need a lawyer to file a case or attend hearings. The process starts with conciliation (an attempt to settle the dispute amicably) and, if that fails, proceeds to arbitration (a formal hearing with a binding decision).
Unfair Dismissal in South Africa
Under the Labour Relations Act, every employee has the right not to be unfairly dismissed. A dismissal can be unfair for two reasons:
- Substantively unfair: There was no valid reason for the dismissal, or the reason was insufficient. The employer must prove there was a fair reason related to the employee's conduct, capacity, or the operational requirements of the business.
- Procedurally unfair: The employer did not follow a fair procedure before dismissing the employee. For misconduct cases, this means holding a disciplinary hearing. For poor performance, it means providing counselling, warnings, and a reasonable opportunity to improve.
Automatically Unfair Dismissals
Certain dismissals are automatically unfair under Section 187 of the LRA, regardless of whether a fair procedure was followed. These include dismissal for:
- Pregnancy: Dismissal because an employee is pregnant or intends to become pregnant
- Trade union activity: Dismissal for joining or participating in a trade union
- Exercising legal rights: Dismissal for exercising any right under labour legislation (e.g. refusing to work overtime beyond legal limits)
- Discrimination: Dismissal based on race, gender, sex, ethnic origin, sexual orientation, religion, disability, age, or any other arbitrary ground
- Whistle-blowing: Dismissal for making a protected disclosure under the Protected Disclosures Act
- Lawful strike: Dismissal for participating in a lawful, protected strike
- Transfer of business: Dismissal because of a transfer of a business under Section 197
For automatically unfair dismissals, compensation can be up to 24 months' remuneration, compared to 12 months for ordinary unfair dismissal.
Con-Arb: Conciliation-Arbitration
Con-Arb is a streamlined CCMA process where conciliation and arbitration take place on the same day. If the matter is not resolved during conciliation, the commissioner immediately proceeds to arbitration without the parties needing to return on another day.
Con-Arb automatically applies to dismissal disputes where the employee earned below the BCEA earnings threshold (currently R261,748.45 per year as of 2025). For employees earning above this threshold, con-arb only applies if both parties agree or if neither party objects within the prescribed timeframe.
Bargaining Council vs CCMA
If there is a bargaining council for your industry or sector (e.g. the Metal and Engineering Industries Bargaining Council, the National Bargaining Council for the Road Freight Industry), your dispute must be referred to that bargaining council instead of the CCMA. The bargaining council follows a similar process to the CCMA but handles disputes within its specific sector. If you are unsure whether a bargaining council applies to you, contact the CCMA on 0861 161 616 and they will advise you.
How to File a CCMA Referral
- Complete Form 7.11: This is the standard CCMA referral form. You can download it from www.ccma.org.za or collect it from any CCMA office. You can also file online through the CCMA website.
- Provide your details: Include your full name, ID number, contact details, employer's name and address, and a description of the dispute.
- Specify the type of dispute: Clearly state whether it is an unfair dismissal, unfair labour practice, or other type of dispute.
- State the date of dismissal: This is critical for determining whether you are within the filing deadline.
- State the remedy you seek: Indicate whether you want reinstatement, re-employment, or compensation.
- Submit the form: File it online, deliver it in person to a CCMA office, send it by fax, or email it to the relevant CCMA regional office.
Frequently Asked Questions
How do I file a case at the CCMA?
You file a case at the CCMA by completing a referral form (Form 7.11). You can do this online at www.ccma.org.za, in person at any CCMA office, by fax, or by email. You will need your ID, employment details, and information about the dispute. There is no fee to file a CCMA referral.
How long do I have to file a CCMA case for unfair dismissal?
You have 30 calendar days from the date of dismissal to refer an unfair dismissal dispute to the CCMA. If you miss this deadline, you can apply for condonation (late referral), but the CCMA is not obligated to accept it. You must provide a good reason for the delay.
What is the difference between conciliation and arbitration?
Conciliation is the first step where a CCMA commissioner tries to help you and your employer reach a settlement. It is informal and confidential. If conciliation fails, the matter proceeds to arbitration, which is a formal hearing where the commissioner hears evidence from both sides and makes a binding decision (award). In Con-Arb, both processes happen on the same day.
Do I need a lawyer at the CCMA?
You do not need a lawyer at the CCMA. During conciliation, legal representation is not allowed. During arbitration, legal representation is only allowed if both parties agree, or if the commissioner decides it is in the interest of justice. You can be represented by a trade union official, a co-employee, or represent yourself.
What is an automatically unfair dismissal?
An automatically unfair dismissal is one where the reason for dismissal is inherently unlawful under the LRA. This includes dismissal for pregnancy, trade union membership, exercising rights under labour legislation, discrimination, whistle-blowing, or participating in a lawful strike. Compensation for automatically unfair dismissal can be up to 24 months' remuneration.
What is constructive dismissal?
Constructive dismissal occurs when an employee resigns because the employer made the working conditions so intolerable that the employee had no reasonable alternative but to resign. The employee must prove that the employer created the intolerable conditions and that resigning was the only reasonable option. These cases are notoriously difficult to prove.
What happens if my employer does not attend the CCMA hearing?
If your employer fails to attend the CCMA hearing without a valid reason, the commissioner may proceed in their absence (a default hearing). The commissioner will hear your evidence and, if satisfied, may make an award in your favour. The employer can apply to have the default award rescinded within 14 days if they have a good reason for not attending.
Can I claim from the CCMA if I was employed for less than 6 months?
Yes, employees who have been employed for less than 6 months can still refer unfair dismissal disputes to the CCMA. However, there is a limited exception: an employer can fairly dismiss an employee during a probationary period for poor performance, provided a fair process was followed (counselling, guidance, and a reasonable opportunity to improve). Dismissal during probation for misconduct follows the same rules as for any other employee.
Disclaimer: This tool provides general guidance based on the Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act. It is not a substitute for professional legal advice. Every case is unique and the outcome depends on specific facts. For complex disputes, consult a labour law attorney, trade union representative, or the CCMA directly on 0861 161 616.
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