You have 30 days from the date of dismissal to refer an unfair dismissal dispute to the CCMA. If your dispute is an unfair labour practice, you have 90 days. If it is unfair discrimination under the Employment Equity Act, you have 6 months. Miss the deadline and the referral is defective, which means you must apply for condonation before the CCMA will hear the matter at all.
These time limits come straight from section 191 of the Labour Relations Act, and the CCMA counts the days in a specific way that trips up most people. This page sets out every deadline, exactly how the days are counted, what happens if you are late, and how the con-arb process works.
Quick facts: CCMA referral deadlines
| Type of dispute | Deadline to refer | Form | Runs from |
|---|---|---|---|
| Unfair dismissal | 30 days | LRA 7.11 | Date of dismissal, or the date the employer upheld the dismissal on appeal |
| Unfair labour practice | 90 days | LRA 7.11 | The act or omission, or the date you became aware of it |
| Unfair discrimination (EEA) | 6 months | Referral form | The act or omission complained of |
| Referral to arbitration | 90 days | LRA 7.13 | The date the certificate of outcome was issued, or the expiry of the 30-day conciliation period |
All figures reflect the Labour Relations Act and the CCMA Rules as they stand in 2026.
How the CCMA counts the 30 days
This is where most referrals go wrong. The 30 days are not working days, and the count does not start on the day you are dismissed.
The rules work like this:
- The first day is not counted. Counting starts on the day after the dismissal.
- Saturdays, Sundays and public holidays are all counted. They are ordinary days for this purpose.
- The last day is the exception. If the 30th day falls on a Saturday, Sunday or public holiday, the deadline rolls over to the next working day.
A worked example makes it clear. Say you are dismissed on Friday. The count starts the next day, Saturday, because the first day is excluded. Weekends and public holidays in between still count. If the 30th day lands on a Sunday, that day is excluded and your deadline becomes the Monday.
Because weekends and public holidays are counted in the run, 30 calendar days is a much shorter window than it sounds. Treat the date of dismissal as day zero and diarise the deadline immediately.
What counts as the date of dismissal
The 30 days run from the date of dismissal, and section 190 of the Labour Relations Act defines that date precisely. It is the earlier of:
- the date on which your contract of employment terminated, or
- the date on which you actually left the service of the employer.
If the employer allowed an internal appeal and then upheld the dismissal, the 30 days run from the date of that final appeal decision instead. This gives you a fresh 30-day window from the outcome of the appeal, not from the original dismissal date.
For a forced resignation that you say amounts to a constructive dismissal, the date of dismissal is the date you resigned. The clock still starts then, so a constructive dismissal claim is easy to lodge late if you spend weeks deciding whether to refer.
The 90-day deadline for an unfair labour practice
An unfair labour practice is a different claim with a longer window. This covers disputes about promotion, demotion, probation, training, benefits, unfair suspension, and unfair disciplinary action short of dismissal.
You have 90 days to refer, and the 90 days run from the date of the act or omission you are complaining about, or from the later date on which you became aware of it. The same day-counting rules apply: the first day is excluded, weekends and public holidays are counted, and the last day rolls over if it falls on a weekend or public holiday.
After conciliation: the 90-day arbitration deadline
Referring your dispute is only the first deadline. The CCMA first tries to settle the matter through conciliation. If conciliation does not resolve it, the commissioner issues a certificate of outcome.
From that point you have 90 days to refer the dispute to arbitration using LRA Form 7.13. This 90-day window runs from the date the certificate of outcome was issued, or, where no certificate was issued, from the expiry of the 30-day conciliation period. Miss this second deadline and you are late again, and you need condonation a second time.
These are the deadlines you must meet. For how long the process itself takes once you have referred, from conciliation to an arbitration award, see how long a CCMA case takes.
What happens if you miss the deadline: condonation
A late referral is not automatically dead, but it is not automatically alive either. You must apply for condonation, and the CCMA will only grant it if you show good cause. The application is dealt with under the CCMA Rules, and a commissioner weighs several factors together:
- The degree of lateness. A referral that is three or five days late is treated very differently from one that is months late. The smaller the lateness, the better your prospects.
- The explanation for the lateness. You must set out, in chronological order, exactly why you could not refer in time. A vague excuse fails. Support it with documents or affidavits where you can.
- Your prospects of success on the merits. The commissioner considers how strong your underlying dismissal or unfair labour practice claim is.
- The importance of the matter and the prejudice to the other party. The interests of both sides and the interests of justice are weighed.
Condonation is discretionary. It is never guaranteed, and building a case on the assumption that you will be forgiven for lateness is a mistake. Refer on time and you never have to argue any of this.
Con-arb: conciliation and arbitration on the same day
Many CCMA matters are set down as con-arb. This means conciliation and arbitration are scheduled back to back on the same day. If conciliation fails, the commissioner moves straight into arbitration and hears evidence there and then.
Con-arb saves time, but it means you must arrive fully prepared with your documents and witnesses, because you may go into a full hearing that day. Two points matter for deadlines and procedure:
- You can object to con-arb in an ordinary unfair dismissal dispute. Either party may object in writing to the CCMA before the hearing. You do not have to give reasons. If you object, the arbitration is heard on a separate later date.
- Con-arb is mandatory for some disputes and cannot be objected to. The clearest example is a dismissal that took place while you were on probation. In those matters con-arb proceeds whether or not you object.
The forms you need
Two forms carry the process:
- LRA Form 7.11 is the referral for conciliation. This is the form that stops your 30-day or 90-day clock. You complete it, serve it on the other party, and file it with your nearest CCMA office together with proof that you served it.
- LRA Form 7.13 is the referral for arbitration. You use this after conciliation fails and a certificate of outcome is issued, within the 90-day arbitration window.
Proof of service matters. If you cannot show that the referral was delivered to the other party, the referral can be found defective, and a defective referral does not stop the clock.
Methodology and sources
The deadlines and procedures on this page are drawn from the Labour Relations Act 66 of 1995, in particular section 190 (date of dismissal), section 191 (referral of dismissal and unfair labour practice disputes) and section 191(5A) (con-arb), together with the CCMA Rules on the computation of time and on condonation, and the CCMA’s own unfair dismissal information sheets. The 6-month discrimination deadline is set by the Employment Equity Act. This page is general information about the time limits and is not legal advice on any specific dispute. Where a deadline is close, get advice quickly, because a missed deadline is difficult to recover.
Frequently asked questions
How many days do I have to refer an unfair dismissal to the CCMA? You have 30 days from the date of dismissal. If the employer ran an internal appeal and upheld the dismissal, the 30 days run from the date of that appeal decision instead.
Are the 30 days working days or calendar days? They are calendar days. Saturdays, Sundays and public holidays are all counted. The only concession is that the first day is not counted and, if the last day falls on a weekend or public holiday, the deadline moves to the next working day.
What happens if I refer my dispute late? Your referral is defective until you apply for condonation. The CCMA will only condone a late referral if you show good cause, weighing the degree of lateness, your explanation for it, and your prospects of success on the merits.
How long do I have to refer an unfair labour practice? You have 90 days from the act or omission you are complaining about, or from the date you became aware of it.
What is the deadline to take my matter to arbitration? After conciliation fails, you have 90 days to refer the dispute to arbitration on LRA Form 7.13, counted from the date the certificate of outcome was issued or from the expiry of the 30-day conciliation period.
Can I object to a con-arb hearing? Yes, in an ordinary unfair dismissal dispute either party may object to con-arb in writing, and no reasons are required. You cannot object where con-arb is mandatory, such as a dismissal during probation.
Related pages
- The CCMA in South Africa
- Unfair Dismissal in South Africa
- Constructive Dismissal in South Africa
- How Long a CCMA Case Takes
- Disciplinary Hearing Procedure in South Africa
- Every CCMA Office in South Africa
- Can I Resign With Immediate Effect in South Africa?
- Notice Period During Probation in South Africa
- Leave Payout on Resignation in South Africa
