For many South African employees, the acronym CCMA — the Commission for Conciliation, Mediation and Arbitration — represents a final line of defence against unfair treatment in the workplace. Yet, the idea of confronting an employer in a legal forum can be intimidating, writes Aslam Moolla. Yet, the idea of confronting an employer in a legal forum can be intimidating.
The good news is that the CCMA is designed to be accessible, free of charge, and far less formal than a court of law. You don’t need a lawyer to begin the process — but you do need to follow the rules. If you believe you have been unfairly dismissed or subjected to an unfair labour practice, here’s how the process works: The process starts with you.
You must complete LRA Form 7.11 (“Referral of a Dispute to the CCMA”), which requires your details, your employer’s information, and a brief summary of the dispute. Unfair dismissal: You must refer the dispute within 30 days of the dismissal date. Unfair labour practice: You have 90 days from the date the dispute arose.
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If you miss the deadline, your case isn’t automatically dismissed. However, you will need to apply for condonation — a legal process where you explain the delay and request permission to proceed. Once your referral is filed, the CCMA will typically schedule a conciliation hearing within 30 days.
The aim is to reach a settlement. You, your employer, and a Commissioner meet around a table. The Commissioner is neutral — not a judge, not your advocate, and not there to defend either party.
Their role is to facilitate an agreement between you and your employer, whether that’s reinstatement or financial compensation. Legal representation: In most dismissal cases, lawyers are not permitted at conciliation. You may represent yourself or have a trade union official assist you.
If an agreement is reached, both parties sign a settlement agreement, and the matter is closed. If no agreement is reached, the Commissioner will issue a Certificate of Outcome, confirming that the dispute remains unresolved.
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