The CCMA is free. You do not need a lawyer, and at the first stage you are not even allowed one. But you have 30 calendar days to refer an unfair dismissal, counted including weekends and public holidays, and missing that deadline is what ends most cases before they begin.
Quick facts
| Item | 2026 position |
|---|---|
| Cost | Free |
| Lawyer required? | No. Not permitted at conciliation. |
| Unfair dismissal deadline | 30 days from the date of dismissal |
| Unfair labour practice deadline | 90 days from the act or omission |
| Unfair discrimination deadline | 6 months from the occurrence |
| Severance pay dispute deadline | No statutory time limit |
| How days are counted | Calendar days, including weekends and public holidays |
| Referral form | LRA 7.11 |
| Arbitration request form | LRA 7.13 |
| Conciliation scheduled | Within 30 days of referral |
| Award issued | Within 14 days of arbitration |
| Typical total | 10 to 12 weeks |
| Governing law | Labour Relations Act 66 of 1995 |
The deadline that kills cases
Before anything else, understand how the CCMA counts days.
A day means a calendar day. Saturdays, Sundays and public holidays are all included. The first day is excluded from the count and the last day is included. If the last day falls on a Saturday, Sunday or public holiday, it extends to the next working day.
So “30 days” to refer an unfair dismissal is not 30 working days. It is roughly six weeks of your life, minus the weekends, and it starts the day after you were dismissed.
| Dispute | Deadline |
|---|---|
| Unfair dismissal | 30 days from the date of dismissal |
| Unfair labour practice | 90 days from the act or omission, or when you became aware of it |
| Unfair discrimination | 6 months from the dispute or occurrence |
| Severance pay | No time limit |
Severance pay is the exception nobody knows about. If your dispute is about severance pay owed on a retrenchment, there is no statutory time limit for referring it to the CCMA. Unlike dismissal and unfair labour practice disputes, you are not locked out by a deadline.
If you are already late: condonation
Missing the deadline is not automatically fatal. You apply for condonation, which asks the CCMA to excuse the late filing.
The commissioner weighs:
- The degree of lateness. Three days is a different proposition from three months.
- The reason for the delay. It must be a genuine explanation, not an oversight.
- Your prospects of success. A strong case is condoned more readily than a weak one.
- Prejudice to the other party.
Condonation is discretionary. It is not a second deadline. Apply immediately and explain yourself fully in writing.
How the process actually works
Step 1: Refer the dispute
Complete LRA Form 7.11, the Referral of a Dispute.
Serve it on your employer first. Email, fax, hand delivery or registered post. Then deliver the completed form together with proof of service to the CCMA.
This trips people up constantly. The CCMA needs to see that your employer has the form. A referral without proof of service is incomplete.
Step 2: Conciliation
The CCMA schedules conciliation, usually within 30 days of your referral.
This is not a trial. You, your employer and a neutral commissioner sit around a table. The commissioner’s job is to help you find an agreement. The commissioner cannot decide who wins. They can only make suggestions.
Attorneys are not permitted at conciliation in dismissal disputes. You may represent yourself, or be represented by a trade union official or an official of a registered employers’ organisation. This levels the field deliberately.
Outcomes:
- Agreement reached. A settlement agreement is signed. It is binding, and the matter is closed.
- No agreement. The commissioner issues a certificate of outcome, confirming the dispute is unresolved. Keep it. You need it for the next step.
Step 3: Arbitration
This is not automatic. You must request it.
Complete LRA Form 7.13, the Request for Arbitration, within 90 days of receiving the certificate of outcome.
Arbitration is formal. It resembles a small court hearing. Both sides lead evidence, call witnesses and produce documents. The commissioner then makes a final and binding decision, called an arbitration award, within 14 days.
Attorneys are not normally permitted in arbitrations about misconduct dismissals, unless the commissioner and the other party consent.
Con-arb: why you must arrive ready
Con-arb combines conciliation and arbitration into one day. If conciliation fails in the morning, arbitration begins immediately.
You may object to con-arb, in writing, at least seven days before the date.
But you may not object if the dispute relates to:
- A dismissal or unfair labour practice concerning probation
- A compliance order
- A failure to pay any amount owing
If you do not object, and you are entitled to, arbitration will proceed straight after conciliation even if one party is absent.
So treat every con-arb date as if it is your arbitration. Bring your witnesses. Bring your documents. Bring your payslips. There is no guaranteed right to a postponement, and an arbitration will proceed in your absence.
What the CCMA cannot do for you
Going to the wrong forum wastes the only deadline you have.
| Your dispute | Where it belongs |
|---|---|
| Unfair dismissal, unfair labour practice, discrimination | CCMA |
| Retrenchment of one employee, or an employer with fewer than 10 employees | CCMA |
| Non-payment of wages or salary | Department of Employment and Labour |
| Large-scale retrenchment disputes | Conciliated at the CCMA, then Labour Court |
| Automatically unfair dismissal | Labour Court |
| Your sector has a bargaining council | That bargaining council, not the CCMA |
| You are an independent contractor | Nowhere. The CCMA covers employees only. |
Are you an employee? The LRA looks at substance, not your contract’s title. You are likely an employee if the manner in which you work is subject to another person’s control or direction, if your hours are subject to their control or direction, or if you form part of the organisation. A contract calling you a contractor does not settle it.
How long it takes
| Stage | Time |
|---|---|
| Refer the dispute | Within 30 days of dismissal |
| Conciliation scheduled | Within about 14 to 30 days of referral |
| Arbitration scheduled | Within about 21 days of conciliation |
| Award issued | Within 14 days of arbitration |
| Total | 10 to 12 weeks |
That assumes no postponements. Read our full breakdown of how long a CCMA case takes.
Plan for the money. Ten to twelve weeks with no income is the real cost of a CCMA case. If you were dismissed, claim UIF now. Do not wait for the award.
After the award
Rescission or variation. If the award was granted in your absence for a good reason, or the commissioner made an error, apply within 14 days of becoming aware of it.
Review. If you believe the commissioner acted improperly or the process was unfair, apply to the Labour Court within six weeks of the award.
A review is not an appeal. You cannot simply argue the commissioner was wrong on the facts. You must show a defect in the process, or misconduct by the commissioner. This is a high bar, and it is where cases become expensive.
What to do this week
- Diarise the deadline. Count calendar days from the day after your dismissal. Weekends included.
- Write a dated timeline. What happened, who said what, when.
- Save everything, outside the employer’s systems. Emails, WhatsApps, the disciplinary notice, the outcome letter. You will lose access to your work account.
- Get your payslips and bank statements. Compensation is calculated on your earnings, and you must prove them.
- Complete Form 7.11, serve it on your employer, then file it with proof of service.
- Claim UIF.
- Keep your communication factual. Angry messages to your former employer become evidence at arbitration.
Related guides
- How long a CCMA case takes
- Unfair dismissal in South Africa
- Constructive dismissal in South Africa
- Disciplinary hearing procedure
- How long a written warning is valid
- What your employer must do before it can retrench you
- How to claim UIF
Frequently asked questions
How much does the CCMA cost? Nothing. The CCMA is free to both employees and employers.
Do I need a lawyer at the CCMA? No. Attorneys are not permitted at conciliation in dismissal disputes, and are not normally permitted in misconduct dismissal arbitrations without consent. You may be assisted by a trade union official.
How long do I have to refer an unfair dismissal? 30 days from the date of dismissal, counted in calendar days including weekends and public holidays.
What happens if I miss the deadline? Apply for condonation, explaining the degree of lateness, the reason for it, and your prospects of success. It is discretionary and it is not guaranteed.
Is there a deadline for a severance pay dispute? No. Unlike dismissal and unfair labour practice disputes, severance pay disputes have no statutory time limit for referral to the CCMA.
What is a certificate of outcome? The document the commissioner issues when conciliation fails. You need it to request arbitration, and you must do so within 90 days of receiving it.
What is con-arb? Conciliation and arbitration on the same day. You may object seven days in advance, unless the dispute concerns probation, a compliance order or unpaid amounts. Arrive prepared to run the full case.
Can I appeal a CCMA award? No. You may apply to the Labour Court for a review within six weeks, but a review examines the fairness of the process, not whether the commissioner reached the right answer on the facts.
Can the CCMA order my job back? Yes. Reinstatement is a possible remedy in an unfair dismissal, alongside re-employment and compensation. It is not automatic, and depends on the facts and what is practical.
Methodology
The processes, deadlines and forms on this page come from the Labour Relations Act 66 of 1995 and the CCMA Rules, principally Rule 3 on the calculation of time periods, Rule 9 on condonation, and the rules governing con-arb and postponement of arbitrations. The CCMA was established under the LRA and began operating in November 1996.
Timeframes for scheduling conciliation and arbitration are indicative. The CCMA carries a high caseload and actual dates vary by region.
Disclaimer
Searchis is not a law firm and this is not legal advice. Deadlines in labour law are strict and the consequences of missing them are serious.
If your matter is complex, involves a senior position, or turns on a jurisdictional question such as whether you are an employee, consider getting advice from a trade union or a labour law professional. The CCMA itself operates a call centre and can tell you whether your dispute belongs with them.
