The CCMA: When and How It May Help

When something goes wrong at work, you may hear "go to the CCMA". It can sound intimidating, like a court. In fact, the CCMA was set up so that ordinary workers and employers can resolve disputes without lawyers and without paying.

What is happening

The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent body created by the Labour Relations Act 66 of 1995. Its services are free.

The CCMA mainly deals with:

• Unfair dismissal, including dismissal for misconduct, poor performance, ill health, retrenchment and constructive dismissal.
• Unfair labour practices, such as unfair suspension, unfair discipline short of dismissal, and some disputes about promotion, demotion, training or benefits.
• Unfair discrimination and harassment in some cases.
• Some disputes about unpaid money under the Basic Conditions of Employment Act.

Deadlines are strict. You usually have 30 days from dismissal to refer an unfair dismissal dispute, 90 days for an unfair labour practice, and six months for unfair discrimination. If you are late, you must apply for condonation and give good reasons. It may be refused.

If your sector has a bargaining council, such as some parts of retail, metal, motor or clothing, your dispute may need to go to that council instead. The process is similar.

How it works:

1. Referral: you complete the referral form (usually LRA Form 7.11), send a copy to your employer and give the CCMA proof that you did. You can do this online, by email or at a CCMA office.
2. Conciliation: a commissioner meets both sides and tries to help you reach an agreement, such as reinstatement or a settlement payment. This usually happens within about 30 days. Lawyers are generally not part of this step.
3. Arbitration: if there is no settlement, the commissioner issues a certificate and you can ask for arbitration. Here each side presents evidence and the commissioner makes a binding decision, called an award. Some disputes go to the Labour Court instead.

Sometimes conciliation and arbitration happen on the same day. Awards can be enforced if an employer does not comply.

Is this you?

• You were dismissed and believe it was unfair.
• You were suspended, demoted or passed over for promotion unfairly.
• You are owed money your employer will not pay.
• You were harassed or discriminated against at work.
• You tried internal grievance routes and nothing changed.
• You are not sure whether you are within the deadline.

30-second self-check

Answer yes or no to each question.

• Did the problem happen more than three weeks ago?
• Were you dismissed rather than just disciplined?
• Have you not yet written down dates and events?
• Are you unsure whether your sector has a bargaining council?
• Do you lack copies of your contract, payslips or letters?
• Are you unsure what outcome you want?

0-1 yes: You seem ready. Complete the referral form and keep proof of everything.
2-3 yes: Get organised this week: collect documents, check the right forum and note your deadline.
4 or more yes: Refer as soon as possible to protect your deadline, and get advice alongside.

What you can do next

• Today: Work out your deadline from the date of dismissal or the unfair act. Write it on your calendar.
• This week: Gather your contract, payslips, letters, messages and a short timeline. Complete and send the referral form, and serve a copy on your employer.
• This month: Prepare for conciliation. Think about what outcome you would accept, such as reinstatement, a settlement or a reference.
• Keep the CCMA's case number and all emails. Attend every scheduled date, or the case may be dismissed.
• You may bring a union representative, and in some cases a fellow employee.
• Tell the CCMA if you need an interpreter.

Your tool

Employment Dispute Check - identifies your type of dispute, estimates your deadline and tells you whether the CCMA or a bargaining council is likely the right place.

When to get professional help

Get help if the case is complex, if the employer has a lawyer, if you are late and need condonation, or if you are offered a settlement and are unsure whether it is fair.
Who can help: your trade union, a labour attorney, Legal Aid South Africa, a university law clinic, a counsellor for the stress

Getting help in South Africa

• CCMA (ccma.org.za): forms, office addresses and online referrals.
• Bargaining councils: check with the CCMA or your union which council covers your sector.
• Department of Employment and Labour (labour.gov.za): labour inspectors can also act on unpaid wages and basic conditions.
• Legal Aid South Africa (legal-aid.co.za): may assist with labour cases if you qualify.
• University law clinics and advice offices: free help completing forms and preparing.