If your employer has treated you unfairly at work — whether through unfair dismissal, discrimination, or a failure to follow proper procedures — the CCMA (Commission for Conciliation, Mediation and Arbitration) is often your first port of call. Filing a complaint with the CCMA is free and relatively straightforward, but getting the process right matters. Here’s a complete step-by-step guide.
What is the CCMA and What Does It Handle?
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent body established under the Labour Relations Act 66 of 1995 (LRA). It handles workplace disputes between employers and employees — and most importantly, it’s free to use.
The CCMA deals with:
- Unfair dismissal disputes (the most common)
- Unfair labour practices (e.g., unfair suspension, demotion, or failure to promote)
- Disputes about severance pay
- Mutual interest disputes (wages, working conditions — leading to strikes)
- Discrimination disputes under the Employment Equity Act 55 of 1998
Importantly, the CCMA does not handle retrenchment disputes where the process itself was correct but you disagree with the business decision, and it doesn’t handle claims for unpaid wages (that goes to the CCMA only if linked to an unfair labour practice, otherwise the BCEA applies).
Step 1: Check If You’re Within the Time Limit
This is critical. The LRA sets strict time limits for filing CCMA complaints:
- Unfair dismissal: You must refer the dispute within 30 days of the date of dismissal (or the date you became aware of the dismissal).
- Unfair labour practice: You must refer within 90 days of the act or omission giving rise to the dispute.
- Discrimination: You must refer within 6 months of the act of discrimination.
Missing these deadlines can be fatal to your claim. Late referrals require an application for condonation, and the CCMA does not grant this automatically. If you’re unsure whether you’re in time, consult labour law attorneys in South Africa immediately.
Step 2: Complete the LRA Form 7.11 (Referral Form)
To file a CCMA complaint, you complete a LRA Form 7.11 — the official referral form. This is available:
- At any CCMA office across South Africa
- On the CCMA website (ccma.org.za)
- From your labour law attorney
You’ll need to provide:
- Your personal details and those of your employer
- The nature of the dispute (e.g., unfair dismissal)
- The date of the incident giving rise to the dispute
- Whether you are seeking reinstatement, compensation, or both (for dismissal disputes)
- A brief description of what happened
Be careful and accurate when completing the form. Errors or vague descriptions can weaken your case. Many employees benefit from having a CCMA attorney help complete the form correctly.
Step 3: Submit the Form and Serve on Your Employer
Once completed, you must:
- Submit the form to the CCMA — either in person at your nearest CCMA office, by fax, by email, or via the CCMA’s online portal.
- Serve a copy on your employer — the LRA requires that you give your employer a copy of the referral. This can be done by hand delivery, fax, or email (with confirmation of receipt). Keep proof of service.
The CCMA will then schedule a conciliation hearing, typically within 30 days of receiving the referral. Both parties will be notified of the date, time, and venue.
Step 4: Attend Conciliation
The conciliation process is an informal, confidential hearing where a CCMA commissioner attempts to help both parties reach a settlement. You and your employer (or their representative) attend together.
Key points about conciliation:
- You may bring a union representative or an attorney (note: attorneys can only appear at conciliation with the other party’s consent, unless it’s a complex matter)
- The commissioner does not make a binding decision — they facilitate discussion
- If a settlement is reached, it is recorded as a settlement agreement and is legally binding
- If no settlement is reached, the commissioner issues a certificate of outcome allowing you to proceed to arbitration or the Labour Court
Step 5: Arbitration or Labour Court
If conciliation fails:
- Arbitration: For most unfair dismissal cases, the matter proceeds to CCMA arbitration. The arbitrator makes a binding award. Attorneys are generally allowed at arbitration.
- Labour Court: More complex disputes (e.g., automatically unfair dismissals, discrimination) go to the Labour Court. Legal representation is highly recommended here.
For employees in Johannesburg or Pretoria navigating arbitration, labour law attorneys in Johannesburg can represent you effectively throughout the process.
Frequently Asked Questions
How much does it cost to file a CCMA complaint?
Filing a CCMA complaint is completely free. The CCMA is a public body funded by government, and employees pay nothing to refer a dispute or attend conciliation and arbitration.
Do I need an attorney to go to the CCMA?
You don’t need an attorney for conciliation, and at arbitration you can represent yourself. However, having a labour law attorney significantly improves your prospects, especially at arbitration where employers often have legal representation.
What can I get if I win a CCMA case for unfair dismissal?
If you win an unfair dismissal case, you can be awarded reinstatement (your job back) or compensation — up to a maximum of 12 months’ remuneration for substantively unfair dismissal, or up to 24 months for procedurally unfair dismissal in egregious cases.
Can my employer fire me for going to the CCMA?
No. Dismissing an employee for referring a dispute to the CCMA constitutes an automatically unfair dismissal under Section 187 of the LRA. This is a serious offence carrying compensation of up to 24 months’ remuneration.
What happens if my employer ignores the CCMA summons?
If your employer fails to attend, the CCMA can proceed in their absence. A default award can be made against the employer, and this award can be made an order of the Labour Court for enforcement.
Get Labour Law Help Today
Navigating the CCMA process alone is possible, but having a skilled labour law attorney on your side gives you a major advantage. Whether you need help completing your referral form or representation at arbitration, connect with CCMA attorneys in South Africa through our directory and get expert support from day one.