What the CCMA referral process actually is
The CCMA referral process is how you formally ask the Commission for Conciliation, Mediation and Arbitration to step into a workplace dispute. You can ask the CCMA to conciliate or even arbitrate your dispute, a union or employer’s organisation may also initiate this action, and you do not need the other party’s consent before taking a matter to the CCMA. The process starts with a form, not a phone call or an email of complaint.
Not every workplace grievance qualifies. Disputes cannot be referred to the CCMA where the case does not deal with an issue in the Labour Relations Act or Employment Equity Act, where a bargaining council or statutory council exists for that sector, or where a private agreement exists for resolving disputes. If your workplace falls under a bargaining council, that council handles the dispute instead.
The form you need: LRA Form 7.11
Most disputes go in on one form. LRA Form 7.11 is used for referring a dispute to the CCMA for conciliation, including con-arb. The form asks for your details, the other party’s details, and a description of the dispute.
A copy has to reach the other side. A copy of the form must be served on the other party, and proof of service must be supplied by attaching a registered post slip, a signed receipt if hand delivered, a signed statement confirming service, a fax confirmation slip, or other satisfactory proof. Keep that proof. Without it, the CCMA can reject the referral.
Other forms cover specific situations: LRA Form 4.2 for essential services determinations, LRA Form 7.20 for a request for facilitation in large retrenchments, and LRA Form 7.15 for asking a senior commissioner to arbitrate. Most individual employees dealing with a dismissal, unfair labour practice or discrimination claim will only need Form 7.11.
Deadlines: how long you have to refer
This is where most referrals fail before they even start. Miss the window and you need to apply for condonation, which is not guaranteed.
| Type of dispute | Deadline to refer |
|---|---|
| Unfair dismissal | 30 days from the date of dismissal |
| Unfair labour practice | 90 days from the act or omission |
| Unfair discrimination (Employment Equity Act) | 6 months from the act or omission |
A dispute concerning unfair dismissals must be referred within 30 days of the date of dismissal, while an unfair labour practice dispute must be referred within 90 days of the date of the alleged unfair labour practice. A discrimination dispute may be referred in writing to the CCMA within six months after the act or omission that allegedly constitutes unfair discrimination. If you miss a deadline, you are required to apply for condonation once more than the relevant period has lapsed.
What happens after you lodge
Once the CCMA has your form, a commissioner is assigned to try to resolve the matter. If a dispute has been properly referred, the CCMA will appoint a commissioner to attempt to resolve it, and the commissioner is required to resolve the dispute within 30 days of its referral date. That first stage is called conciliation, and it is informal. No legal representation is allowed in conciliation proceedings, and at the end of the proceedings the commissioner issues a certificate stating whether or not the dispute has been resolved.
Some disputes go straight into “con-arb”, where arbitration follows immediately if conciliation fails. The CCMA may resolve disputes by con-arb, where the arbitration starts immediately after the end of the conciliation if the dispute is not settled. Whether your case qualifies for con-arb depends on the type of dispute, which the CCMA will tell you when you refer it.
If conciliation doesn’t settle it
A certificate of non-resolution isn’t the end. It opens the next step, and there’s a clock on that too. If the CCMA is not able to resolve the dispute through conciliation, the employee has 90 days to follow one of the applicable options, which usually means requesting arbitration or referring the matter to the Labour Court, depending on the dispute type. Disputes that go to the Labour Court instead of arbitration must be referred within 90 days of the CCMA or council certifying that the dispute remains unresolved.
Arbitration is more formal than conciliation, and the outcome usually sticks. Arbitration proceedings are more formal than conciliation, and the commissioner hearing the dispute makes a decision which in most cases is final and binding and may be made an order of the Labour Court. There is no right of appeal against an arbitration award, though a party can apply to have it reviewed by the Labour Court on limited grounds.
Where to send your referral
The CCMA has a national office and offices in every province, so you don’t refer everything to Johannesburg. The CCMA has jurisdiction in all nine provinces of the Republic of South Africa, with established provincial and satellite offices, and consists of a national office in Gauteng plus offices in all nine provinces. You refer your dispute to the CCMA office nearest to where the dispute arose, not necessarily where head office is.
For general enquiries, the CCMA’s central contact number is 0861 161616, and you can also visit www.ccma.org.za or use the CCMA app. The national head office address is CCMA House, 127 Fox Street, Johannesburg, with a postal address of Private Bag X96, Marshalltown, 2107. Confirm your closest provincial or satellite office and its exact contact details on the CCMA’s own website before you travel there, since office numbers and locations do change.
Where to check officially
The CCMA referral process, the current version of Form 7.11, and the rules for conduct of proceedings before the Commission all sit on the CCMA’s own website. For the underlying law on deadlines and dispute types, the Department of Employment and Labour’s site carries the Labour Relations Act and Employment Equity Act guidance. If you’re unsure whether your matter qualifies, or which office covers your workplace, call the CCMA’s helpline before you fill in anything.
