CCMA Disputes

Unfair dismissal and unfair labour practice disputes, from referral to arbitration award.

The Commission for Conciliation, Mediation and Arbitration (CCMA) resolves most workplace disputes under the Labour Relations Act. Strict time limits apply, and preparation at conciliation and arbitration often decides the outcome.

Common CCMA disputes

  • Unfair dismissal: for misconduct, incapacity or operational requirements.
  • Unfair labour practices: relating to promotion, demotion, training, benefits or suspension.
  • Constructive dismissal: where an employee resigns because continued employment became intolerable.
  • Disputes about the interpretation of collective agreements and certain mutual interest disputes.

Strict time limits

An unfair dismissal dispute must be referred within 30 days of the dismissal. An unfair labour practice dispute must be referred within 90 days. Late referrals require an application for condonation.

What the CCMA can order

If a dismissal is unfair, the CCMA can order reinstatement, re-employment or compensation of up to 12 months’ remuneration, or up to 24 months for automatically unfair dismissals heard by the Labour Court.

Who we help

We act for:

  • Employers facing unfair dismissal claims.
  • Employees who believe they were dismissed unfairly.
  • Employers preparing for conciliation or arbitration.
  • Parties seeking to review an arbitration award in the Labour Court.
  • Businesses with retrenchment and restructuring disputes.
  • Employers wanting to settle disputes before arbitration.

How a CCMA dispute works

From referral to award.

  1. Referral
    The dispute is referred to the CCMA, or a bargaining council with jurisdiction, within the time limit.
  2. Conciliation
    A commissioner tries to help the parties reach a settlement, usually within 30 days of the referral.
  3. Arbitration
    If the dispute is not resolved, it proceeds to arbitration, where evidence is led and witnesses are cross-examined.
  4. Award
    The commissioner issues a binding award, usually within 14 days of the hearing.
  5. Review
    A party may apply to the Labour Court to review an award within six weeks, on limited grounds.

Legal representation at arbitration in conduct and capacity dismissals is allowed only by agreement or with the commissioner’s permission. We prepare your case and witnesses either way.

GET IN TOUCH

What to prepare

Documents that help us assess your case.

  • The employment contract and relevant policies.
  • Disciplinary notices, minutes and outcomes.
  • The CCMA referral form and notices received.
  • Payslips and details of remuneration.
  • Relevant emails, messages and witness details.

Common Questions

You can apply for condonation, explaining the delay, its reasons and your prospects of success. Condonation is not automatic.
No. Awards cannot be appealed, but they can be reviewed by the Labour Court on limited grounds, such as a gross irregularity or an unreasonable decision.
Often, yes. Settlement avoids the cost and uncertainty of arbitration. We advise on a realistic settlement range based on the strength of the case.
Yes. If an employer fails to attend, the matter may proceed in its absence and an award can be made against it.
No. Referring a dispute to the CCMA is free, although parties pay their own legal costs.

FACING A CCMA DISPUTE?

We help employers and employees prepare for conciliation and arbitration and resolve disputes on the best available terms.

Read more: The new Code of Good Practice: Dismissal · Disciplinary hearings

REQUEST A CALL BACK
Facebook Instagram X-twitter Linkedin Tiktok Youtube

This page is general information and not legal advice.

Get in touch

Please complete the following form to get in touch with us.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.