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In this guide
By Onah Attorneys Inc • Updated July 2026 • Legal information, not a substitute for advice on your specific matter.
Dismissed and convinced it was unfair? The CCMA route is free to start, faster than court, and can deliver reinstatement or up to 12 months’ compensation (24 for automatically unfair dismissals). But it runs on strict deadlines and procedural rules that trip up unrepresented employees daily. Here is the full process, step by step, with the tactical notes that matter.
Step 1: Refer within 30 days
You have 30 calendar days from the date of dismissal to refer the dispute using the LRA Form 7.11, served on the employer and lodged with the CCMA. Miss the deadline and you must apply for condonation — explaining the delay, its length, your prospects and prejudice. Condonation is discretionary; don’t need it. Referral is free and can be done at any CCMA office, by fax or email.
Step 2: Conciliation
A commissioner attempts settlement within 30 days of referral in an informal, off-the-record session. No legal representation is allowed at conciliation, but you can (and should) arrive advised: know your claim value, your settlement floor and your documents. Many strong cases settle here — employers price in their arbitration risk. If no settlement, the commissioner issues a certificate of non-resolution.
Step 3: Request arbitration
Within 90 days of the certificate, request arbitration on Form 7.13. Arbitration is a formal hearing: evidence under oath, witnesses, cross-examination, documents in bundles. Attorneys may appear by right in most dismissal disputes; in misconduct and incapacity cases representation is at the commissioner’s discretion — a properly motivated application usually secures it.
Step 4: The arbitration hearing
The employer must prove the dismissal was substantively fair (a valid reason) and procedurally fair (a fair process). You prove the dismissal and your losses. Preparation wins: a tight chronology, contradictions in the employer’s version, and witnesses who actually attend. The commissioner issues a binding award within 14 days.
Step 5: After the award
Awards can order reinstatement, re-employment or compensation up to 12 months’ remuneration. If the employer doesn’t comply, certify the award and enforce it like a court order — sheriff and all. Either side can take a defective award on review to the Labour Court within 6 weeks, but review is not an appeal: you must show the commissioner’s decision was one no reasonable decision-maker could reach.
Frequently asked questions
Does the CCMA cost anything?
Referral and conciliation are free. Arbitration is free too; your only costs are your own preparation, representation and witnesses.
Can I claim if I resigned?
Only as constructive dismissal — you must prove the employer made continued employment intolerable. It is a high bar; take advice before resigning, not after.
What if my employer doesn’t attend?
Conciliation proceeds to certificate; at arbitration a default award can be issued in the employer’s absence — and they must apply for rescission to undo it.
Can I go straight to the Labour Court instead?
Only for certain disputes (automatically unfair dismissals, retrenchments of single employees electing court, discrimination). Ordinary unfair dismissals must go the CCMA route first.
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