The Strict Statutory Deadlines
- Unfair Dismissal: Strictly 30 calendar days from the date of your dismissal or final notice.
- Unfair Labour Practice: 90 calendar days (e.g., unfair suspension, demotion, failure to promote).
- Unfair Discrimination / Sexual Harassment: 6 months from the incident.
- Missed the Deadline? You must file an Application for Condonation (attaching an affidavit explaining the reason for the delay, length of delay, and your prospects of success). Without condonation, late referrals are rejected automatically.
2. Step-by-Step Filing Using LRA Form 7.11
- Serve the Employer First (Mandatory): Send a copy of the completed LRA Form 7.11 to your employer via email, registered post, fax, or hand delivery. Save proof of delivery (e.g., email delivery receipt or signed acknowledgment).
- Option A: Online Filing (Fastest & Recommended): Submit via the CCMA e-Referral portal at cms.ccma.org.za or the CCMA Mobile App. Upload your form and proof of service.
- Option B: Manual Submission: Deliver or email the form and proof of service directly to your local regional CCMA office.
3. Conciliation vs. Arbitration
| Feature | Stage 1: Conciliation | Stage 2: Arbitration |
| Purpose | Informal settlement meeting to reach agreement | Formal hearing where a binding legal ruling is made |
| Commissioner Role | Neutral mediator (facilitates agreement) | Adjudicator / Judge-like figure (decides outcome) |
| Nature | Without prejudice (off-the-record discussion) | Formal legal proceeding (sworn testimony, evidence) |
| Legal Reps | Legal practitioners not allowed | Allowed in most cases (restricted in some misconduct cases) |
| Outcome | Settlement Agreement or Certificate of Outcome | Legally binding Arbitration Award |
Note on Con-Arb: Many cases are scheduled as combined Con-Arb. If Conciliation fails, Arbitration starts immediately unless you file a written objection at least 7 days prior.
4. What to Bring on the Day of Your Hearing
- Identification: South African ID (Smart Card / Green Book) or Passport.
- Official Papers: CCMA Notice of Set Down (hearing notice) & Case reference number.
- Employment Evidence: Contract, payslips, bank statements.
- Dispute Documents: Notice of dismissal/charge sheet, warnings, letter of resignation/termination.
- Supporting Proof: Printed emails, WhatsApp messages, call logs, photographs, medical certificates.
- Witnesses: Direct eye/ear witnesses available to testify under oath.
5. Key Mistakes to Avoid
- Failing to serve the employer first before lodging at the CCMA.
- Arriving late or missing the hearing (missing Arbitration leads to dismissal of your case).
- Failing to file a Condonation Application when submitting after the 30-day mark.
- Relying on hearsay evidence instead of direct testimony or primary documents.
- Not knowing your desired remedy (Reinstatement, Re-employment, or Compensation).
