How to File a CCMA Dispute: Step-by-Step Guide
Filing a dispute at the CCMA is a straightforward process that you can complete yourself — no lawyer is required. The most important thing is to act within the prescribed time limits. For unfair dismissal disputes the deadline is <strong>30 days</strong> from the date of dismissal. For unfair labour practice disputes the deadline is <strong>90 days</strong> from the act or omission. Missing the deadline means you must apply for condonation, which is not guaranteed.
Step 1: Identify Your Dispute Type and the Correct Form
Before you file, identify the nature of your dispute. This determines which LRA form you use:
| Dispute Type | Form Number | Deadline |
|---|---|---|
| Unfair dismissal (misconduct or incapacity) | LRA Form 7.11 | 30 days from date of dismissal |
| Automatically unfair dismissal | LRA Form 7.11 | 30 days from date of dismissal |
| Constructive dismissal | LRA Form 7.11 | 30 days from date of resignation |
| Unfair retrenchment (unfair procedure) | LRA Form 7.11 | 30 days from date of dismissal |
| Unfair labour practice (promotion, demotion, benefits, training) | LRA Form 7.13 | 90 days from act or omission |
| Severance pay dispute | LRA Form 7.11 | 30 days from date of dismissal |
| Mutual interest dispute (wage dispute) | LRA Form 7.11 or 7.13 (check type) | No fixed deadline but act promptly |
Step 2: Obtain and Complete the Form
CCMA forms are available free of charge from any CCMA office, the CCMA website at ccma.org.za, your trade union, or community advice offices. When completing LRA Form 7.11 or Form 7.13, provide the following information accurately:
- Your full name, ID number, address, email address, and cell phone number
- Your employer's full legal name and physical address (use the address on your payslip or employment contract)
- Your job title and the date you started employment
- The date of dismissal or the date the unfair act occurred
- A clear description of what happened in your own words — include the reason given by the employer for the dismissal and why you believe it was unfair
- The relief you are seeking (reinstatement, re-employment, or compensation)
Keep a copy of the served form and proof of service. You will need this at the CCMA hearing.
Step 3: Serve the Referral on the Employer
Before or simultaneously with filing at the CCMA, you must serve a copy of the completed form on the employer. This is a jurisdictional requirement — the CCMA cannot hear your matter if the employer was not properly served.
Acceptable methods of service include:
- Hand delivery to the employer or a responsible person at the employer's premises (ask for a signed acknowledgement of receipt or take a witness)
- Registered post to the employer's registered address
- Fax to the employer's fax number (keep the fax confirmation)
- Email to the employer's official email address (keep delivery and read receipts if possible)
Step 4: File at the CCMA
Submit the completed form and proof of service to your nearest CCMA office in person, by post, by fax, or via the CCMA's online portal (where available). The CCMA will stamp your form and assign a case number. You will receive a notice of the conciliation hearing date.
Step 5: Conciliation Hearing
At the conciliation hearing, a CCMA commissioner facilitates a discussion between you and the employer. The process is informal and confidential. Nothing said at conciliation may be used against you at a later arbitration. The commissioner does not decide who is right — their job is to help the parties reach a mutually acceptable settlement.
If you reach a settlement, it is recorded in a written settlement agreement and becomes binding and enforceable. If no settlement is reached within 30 days, the commissioner issues a certificate of non-resolution.
- Bring all relevant documents: your dismissal letter, employment contract, payslips, warning notices, meeting minutes, and any written communications.
- A trade union official or co-worker may accompany and represent you at conciliation.
- Legal practitioners may not represent you without consent or the commissioner's permission.
If you miss the arbitration hearing without good cause, the CCMA may dismiss your case. Apply for postponement in advance if you cannot attend.
Step 6: Arbitration (If Conciliation Fails)
If conciliation fails for an unfair dismissal dispute, you may request arbitration by completing Form 7.13 (Request for Arbitration) and filing it with the CCMA. The arbitration is a more formal hearing where you present evidence, call witnesses, and cross-examine the employer's witnesses.
The commissioner acts as an adjudicator and issues a binding written arbitration award within 14 days of the hearing (or 21 days for complex matters).
Con/Arb: Combined Conciliation and Arbitration
For dismissal disputes, the default process is Con/Arb — conciliation and arbitration are held back-to-back on the same day. If conciliation fails, the matter immediately proceeds to arbitration. Either party can object to Con/Arb in which case the arbitration is scheduled for a separate date. Con/Arb significantly speeds up the process.
Condonation: Missed the Deadline?
If you have missed the 30-day or 90-day referral deadline, you must apply for condonation (an extension of time) by completing the relevant section of the referral form. You must explain the degree of lateness, the reason for the delay, the prospects of success, and any prejudice to the employer.
Condonation is not automatic. The commissioner weighs all factors and may refuse it. The later you are, the harder it is to obtain condonation. Act as quickly as possible.
Enforcing a CCMA Award
If the employer does not comply with a CCMA arbitration award (for example, refuses to reinstate you or pay compensation), you can:
- File the award as an order of the Labour Court (section 143 of the LRA) — this is free for individual employees.
- If the award is for a money amount only, file it as an order of the Magistrate's Court.
- Once the award is a court order, use normal civil enforcement mechanisms: warrant of execution against the employer's assets, or emoluments attachment order.