How to Withdraw a CCMA Case in South Africa

Withdrawing a CCMA case in South Africa is governed by section 138 of the Labour Relations Act 66 of 1995 read with Rule 16 of the CCMA Rules — the party who no longer wishes to proceed files a written notice of withdrawal with the CCMA regional office (or, for a bargaining council dispute, with the council itself), and the dispute is formally removed from the roll. Withdrawal is generally treated as final unless the party brings a rescission or re-enrolment application on properly motivated grounds, so getting the withdrawal right the first time matters. Where the parties have settled, capturing the agreement as an arbitration award under section 142A of the LRA before filing gives the outcome the legal weight of an award; a bare withdrawal leaves only the underlying contract as the enforcement route.

What “Withdrawing a CCMA Case” Actually Means

Withdrawal is a procedural step that closes the CCMA file: the dispute is taken off the roll and conciliation or arbitration does not proceed. Three concepts are often confused:

• Withdrawal closes the procedure without producing an order; no enforceable outcome beyond any underlying contract.
• Settlement resolves the substance of the dispute and, if captured as an arbitration award under section 142A of the LRA, carries the legal weight of an award.
• Re-enrolment is the route back after a withdrawal — narrower than the route forward and only available on motivated grounds.

In a typical unfair-dismissal or unfair-labour-practice dispute the applicant (most often the employee) withdraws. Respondents and applicants acting jointly can also record a withdrawal; the effect is the same.

The Legal Framework: LRA Section 138 and CCMA Rule 16

Two instruments anchor the procedure:

• Section 138 of the Labour Relations Act 66 of 1995 gives the CCMA the power to make rules for the conduct of proceedings, exercised by publishing the CCMA Rules in the Government Gazette.
• Rule 16 of the CCMA Rules (as amended) deals with the withdrawal of referrals — how it must be recorded, who must receive a copy, and the CCMA’s power to record withdrawal on its own motion in defined circumstances.

Bargaining councils apply analogous rules; the notice goes to the council, not the CCMA. Once recorded, the matter is closed; restoring it requires a fresh referral, a rescission application, or re-enrolment. The CCMA is established under section 112 of the LRA.

When to Withdraw (and When to Settle First)

Withdrawal is generally available before a final arbitration award. The practical implications differ by stage:

Stage	Withdrawal alone	Settle first, capture as s142A award, then withdraw
Before conciliation	Closes the file before the conciliation certificate issues; that certificate is needed for a later arbitration referral.	Unusual — conciliation is the first statutory step.
After conciliation, before arbitration	Closes the file; applicant keeps the certificate but no order is made.	The common route — captures the agreement with the legal weight of an award.
After arbitration set-down, before hearing	Closes the file; preparation already done is sunk cost.	Cleanest procedure where parties settle in advance.
During arbitration hearing	Possible but the commissioner may already have findings of fact on record.	Capture the settlement as an s142A award at the hearing itself.

Step-by-Step: How to Withdraw a CCMA Case in South Africa

1. Confirm withdrawal is the right move. Available before a final arbitration award; if a hearing has been set down, withdraw in advance so the matter is closed before that date.
2. Settle the substantive terms first if there is an agreement. Reduce the settlement to writing, have both parties sign, and where appropriate have it captured as an arbitration award under section 142A of the LRA before filing the notice.
3. Draft the Notice of Withdrawal. Include the CCMA case number, the parties’ names (applicant, respondent, intervenors), a statement that the referring party withdraws the dispute, a request that the file be closed, and the signature of the referring party or authorised representative.
4. Serve a copy on every other party. In person, by registered mail, by email where the parties have accepted electronic service, or by the parties’ chosen method. Keep proof of service.
5. File the Notice with the CCMA regional office (or bargaining council). Many regional offices accept withdrawal by email or in person; the CCMA’s case-management portal may also be available.
6. Confirm closure with the regional office. Confirm in writing that the matter is reflected as withdrawn and that any set-down dates have been vacated.
7. Keep the file. Retain the notice, proof of service, the closure confirmation, and any settlement agreement — these records matter if the question of proper withdrawal is later raised.

Documents and Information You Will Need

Item	Why it is needed
CCMA case reference number	Identifies the file to be closed.
Full names of applicant, respondent, and intervenors	Confirms whose dispute is being withdrawn.
Date the dispute was referred	Background only — not repeated in the notice.
Relief sought in the original referral	Background only; not repeated in the notice.
Identifying details of any settlement agreement	Required where the withdrawal is filed alongside a settlement to be captured as an s142A award.
Authorisation where signed by a representative	A representative’s withdrawal still creates finality — written authority should be on file.
Confirmation that the route (CCMA vs bargaining council) matches the forum holding the case	A misfiled withdrawal may not close the file where it actually sits.

What Happens After Withdrawal: Re-Enrolment, Rescission, and the “Calm Before the Storm”

After withdrawal the matter is closed but not necessarily finally determined for all purposes. The avenues for revisiting a withdrawal are narrow, and the threshold for getting back in is materially higher than for staying in. Commentary has long framed CCMA withdrawals as potentially the “calm before the storm” — withdrawal without understanding its finality can leave a party without recourse where there was, in fact, a meritorious claim. Re-instating typically requires a properly motivated application showing good cause; where the original referral had procedural defects, re-instating may be harder than rectifying the original referral would have been.

Special Considerations for Bargaining Council Disputes

Bargaining councils apply their own rules, but the withdrawal mechanics track the CCMA closely. Three points come up repeatedly:

• Where the dispute falls within a council’s jurisdiction (for example under a sectoral council’s collective agreement), the withdrawal goes to the council, not the CCMA.
• A misfiled withdrawal may not close the file where it actually sits — get the venue right the first time.
• Where there is doubt about whether the dispute belongs at the CCMA or a council, confirm before filing; the question is jurisdictional.

Why People Withdraw CCMA Cases (Common Practical Reasons)

• A settlement has been reached — the most common reason, and the one that calls for capturing the agreement as an s142A award.
• After conciliation, the applicant concludes the prospects are weak and the cost of arbitration outweighs the remedy.
• Reinstatement or compensation has been agreed before arbitration.
• Procedural defects in the original referral would be costly to repair.
• The dispute has become moot (the applicant has secured comparable employment).
• The applicant decides not to pursue further.

The category that matters most for outcome is the first — a settled dispute is where a bare withdrawal, without capturing the agreement as an s142A award, causes the most damage.

Risks and Mistakes That Make Withdrawal Dangerous

Withdrawal is procedurally simple but easy to get wrong in ways that are hard to undo. The patterns that recur in practice:

• Withdrawing without a settlement in place, particularly in unfair-dismissal claims where the CCMA award is the only enforceable remedy.
• Withdrawing before conciliation has been completed, where the conciliation certificate is needed for a later referral.
• Treating “withdrawal” as equivalent to “agreement not to sue” — a common-law claim may still be available separately.
• Failing to confirm closure, so a hearing date stays active on a file the parties assume has been vacated.
• Withdrawing at the CCMA when the matter is jurisdictional to a bargaining council, or vice versa.
• Withdrawing through a representative who has not confirmed the client’s instructions in writing — finality still attaches.

The thread running through all of these is the same: withdrawal is treated as a small procedural step, but its consequences are not. Where the underlying dispute is a dismissal with contested merits, the step should be taken on legal advice, not as a default.

Where the Withdrawal Rules Differ for Conciliation vs Arbitration

Aspect	Withdrawal at conciliation	Withdrawal at arbitration
Stage of process	Pre-hearing; commissioner facilitating settlement.	Hearing stage; commissioner has prepared to receive evidence and may have done so.
Practical loss	Limited if the conciliation certificate has issued — the route to arbitration on the same referral is preserved.	Substantial — preparation has occurred and parties are close to a final determination.
Section 142A route	Operates at conciliation if the parties agree; capturing a settlement as an award at conciliation is the cleanest version of this step.	Can also operate at arbitration; capture the award first, then withdraw what remains.
Common misconception	Applicants withdraw at conciliation without realising they give up the certificate as a route to arbitration later.	Applicants withdraw just before a hearing without realising preparation already done is unrecoverable cost.

Getting Legal Help With a CCMA Withdrawal

Withdrawal looks procedurally simple, but the consequences are not — particularly in unfair-dismissal claims where the matter cannot easily be re-instated once closed. An attorney can confirm whether withdrawal is appropriate, or whether a settlement captured as an s142A award is the more durable outcome. Burger Huyser Attorneys’ Labour Law practice, with specialist consultant Marius Ferreira, advises both employees and employers on CCMA disputes from the firm’s Centurion, Pretoria, Bedfordview and Sandton branches.

Withdrawal of a CCMA case looks procedurally simple, but the consequences are not — once the file is closed, options to revisit a withdrawn dispute are narrow. Burger Huyser Attorneys’ Labour Law practice, with specialist consultant Marius Ferreira, advises both employees and employers on the right path at this point in the matter. The firm serves Gauteng with branches in Centurion (012 644 4990), Pretoria (012 471 5700), Bedfordview (011 201 7190) and Sandton (011 253 3080); the initial consultation can be booked through the closest branch.

Frequently Asked Questions

How do I withdraw a CCMA case in South Africa?

File a written Notice of Withdrawal with the CCMA regional office (or bargaining council) holding the file. Identify the case number, name the parties, request closure, sign as the referring party, and serve a copy on every other party.

Can I withdraw a CCMA case after the hearing date has been set?

Yes — withdrawal is available before a final arbitration award. Withdraw before the hearing date.

Does withdrawing a CCMA case stop me from re-enrolling it later?

Not always, but the route back is narrower. Re-enrolling or rescinding generally requires a properly motivated application.

Is withdrawal the same as settling the case?

No. A settlement can be captured as an arbitration award under section 142A of the LRA. Withdrawal closes the file.

Where do I file the Notice of Withdrawal?

File with the CCMA regional office holding the case, or with the bargaining council where the dispute falls within its jurisdiction.

Can the CCMA record a withdrawal on its own initiative?

Yes — typically for non-attendance at set-down events or where the matter cannot proceed.

How long does CCMA withdrawal take to process?

Once filed, the matter is generally closed within a few days to a few weeks, depending on the regional office’s workload.