You have 30 days from dismissal to refer to the CCMA. Missing it closes most of your options.
The Labour Relations Act sets a hard deadline for unfair dismissal referrals. We help you file correctly, on time, and present your matter as strongly as the facts allow.
The 30-day CCMA referral window is a calendar-day deadline. Tell us your dismissal date and we will confirm where you stand immediately.
Unfair dismissal
A dismissal may be substantively unfair (there was no valid reason), procedurally unfair (the correct process was not followed), or both. The CCMA has jurisdiction to hear both types of complaint, and the remedies differ: reinstatement, re-employment, or compensation (subject to statutory limits).
Many dismissals that appear valid on the surface contain procedural defects — inadequate notice of hearing, failure to allow representation, a sanction disproportionate to the conduct. These defects are worth identifying early.
The CCMA process
Referral
File CCMA Form 7.11 within 30 days of dismissal. Serve a copy on the employer simultaneously. We prepare and file this for you.
Conciliation
A commissioner facilitates a negotiation. If settlement is reached, it is binding. If not, we receive a certificate of non-resolution and can proceed to arbitration.
Arbitration
The commissioner hears evidence and argument and issues a binding award. Preparation matters significantly here — how the facts are presented affects outcomes.
Review / Appeal
An arbitration award can be taken on review to the Labour Court on limited grounds. We advise on whether review prospects justify the cost and time.
Retrenchment disputes
Retrenchment (operational requirements dismissal) is subject to a consultation process under section 189 of the LRA. A failure to consult properly, to apply fair selection criteria, or to pay the correct severance can each ground a separate claim. The referral period for retrenchment disputes follows the same 30-day rule.
Common questions
Straight answers to the questions we hear most.
The Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory body that resolves labour disputes outside the court system. It handles unfair dismissal claims, unfair labour practices, and certain other disputes under the Labour Relations Act. Conciliation is free and accessible without legal representation, though representation is allowed at arbitration in certain circumstances.
The 30-day rule applies specifically to unfair dismissal disputes. Unfair labour practice disputes (other than dismissal) have a 90-day referral period. Discrimination disputes under the Employment Equity Act have a 6-month period. If you are unsure which applies to your situation, contact us — the wrong deadline is a common and costly mistake.
Constructive dismissal occurs when an employer makes the working environment so intolerable that the employee has no reasonable option but to resign. The resignation is then treated as a dismissal for purposes of the LRA, and the employee may refer the matter to the CCMA. The 30-day clock starts from the date of resignation.
At conciliation, legal representation is generally not permitted unless both parties agree. At arbitration, legal representation is allowed in certain categories of dispute — including dismissal disputes where the employer is legally represented. In practice, we often prepare clients thoroughly so they can represent themselves effectively, or we assist with the papers and preparation.
You must apply for condonation — a formal request for the CCMA to overlook the late filing. The commissioner considers the length of the delay, the reason for it, prospects of success, and prejudice to the other party. Condonation is not automatic. Many applications are refused. Filing on time is always the correct approach.
Tell us your dismissal date. We will take it from there.
The sooner you contact us, the more time we have to prepare a proper referral.