Referring a Dispute to the CCMA for Conciliation

A CCMA conciliation referral is filed on the official Form 7.11, submitted to the CCMA online, in person at a regional office, or by registered post, and must be lodged within strict statutory time limits: 30 days from the date of dismissal for unfair-dismissal disputes (Labour Relations Act 66 of 1995, section 191), 6 months from the act or omission for unfair labour practice disputes, and similar windows for discrimination and severance pay. The CCMA charges a standard filing fee for referrers earning above the current income threshold (per the published CCMA schedule) and refers free of charge to those earning below it. Once filed, the CCMA notifies the other party, schedules conciliation (typically within 30 days for dismissals), and the dispute is heard by a neutral commissioner whose role is to facilitate settlement — not to decide the dispute. If conciliation resolves the matter, the agreement can be made an order of the Labour Court; if not, the commissioner issues a Certificate of Outcome, which is the gateway to arbitration at the CCMA or to the Labour Court.

What the CCMA Is and Its Place in the Labour Dispute System

The Commission for Conciliation, Mediation and Arbitration (CCMA) is the independent statutory body established under section 112 of the Labour Relations Act 66 of 1995 (the “LRA”) to resolve labour disputes. It sits between the workplace (where the dispute originates), the Labour Court (which hears unresolved and review matters), and the bargaining councils (which have first-instance jurisdiction in some sectors). The CCMA performs two distinct statutory roles in any dispute referred to it — conciliation first, as a facilitated settlement attempt, and, if that fails, arbitration, a more formal merits hearing that produces a binding award. The body’s independence, tripartite Governing Authority, and funding (mainly through the skills-development levy) place it outside the direct control of the Department of Employment and Labour or any individual employer.

Which Disputes Can Be Referred to the CCMA for Conciliation

The CCMA can conciliate a defined set of disputes under the LRA and the Employment Equity Act 55 of 1998. The most commonly referred categories are:

• Unfair dismissal disputes — section 191 of the LRA covers dismissal for any reason related to conduct, capacity, or operational requirements, and automatically unfair dismissals linked to grounds such as discrimination or protected disclosure.
• Unfair labour practices — section 186(2) of the LRA lists the unfair-conduct and unfair-operational-requirement disputes that qualify; the most common are unfair promotion, demotion, probation, training, or benefit disputes.
• Discrimination disputes — disputes referred under the Employment Equity Act, often routed through the CCMA for conciliation before potentially proceeding to the Labour Court.
• Disputes about the interpretation or application of a collective agreement — section 24 of the LRA.
• Severance pay disputes — section 41 of the Basic Conditions of Employment Act 75 of 1997.
• Some retrenchment-related disputes — for example, disputes about selection criteria for operational-requirements dismissals under section 189 of the LRA.

Where a registered bargaining council covers the workplace and has jurisdiction over the dispute, the council — not the CCMA — has first-instance jurisdiction; the CCMA only takes the matter if the council cannot resolve it or if no council exists for the sector.

The Statutory Time Limits: How Long You Have to Refer

The LRA sets strict deadlines for referring a dispute to the CCMA. Missing them puts the matter at risk of being dismissed before its substance is heard:

Dispute type	Statutory time limit	Source
Unfair dismissal	30 days from the date the dismissal took effect (or, where an internal appeal is provided for and the outcome changes the effective date, from the outcome of that appeal)	LRA section 191(1)
Unfair labour practice	6 months from the date of the act or omission complained of	LRA section 186(2)
Discrimination	6 months from the date of the act complained of	Employment Equity Act 55 of 1998
Section 24 interpretation / collective-agreement disputes	12 months from the date the dispute arose	LRA section 24
Severance pay	12 months from the date the employee became entitled to severance pay	BCEA section 41

Late filing is not automatically fatal. The CCMA can condone late referral under section 135(2A) of the LRA, but the applicant must show good cause, the absence of unreasonable prejudice to the other party, the strength of the underlying case, and the prospects of success. Con-arb (combined conciliation and arbitration) is also available in some dismissal cases under section 191(5A), where the same commissioner handles both stages.

Form 7.11: The Official CCMA Referral Form

Form 7.11 is the prescribed CCMA referral form for most disputes. Current versions are published on the CCMA’s website (ccma.org.za) and should always be downloaded fresh before filing rather than reused from an old file — the form is revised periodically. The form requires:

• Full identification of the applicant and the respondent (the correct legal entity must be named — referrals against an individual manager rather than the employer are routinely sent back for correction).
• The type of dispute (dismissal, unfair labour practice, discrimination, etc.).
• A short statement of the facts relied on, including the date of the dismissal or act complained of.
• The relief or outcome sought — re-instatement, compensation, an apology, or a specific performance.
• The applicant’s signature and date.

Specific dispute types may require additional forms or annexures — unfair-discrimination disputes, for example, route through different paperwork under the Employment Equity Act, and severance-pay disputes require proof of entitlement. Always check the current CCMA Form Index before lodging. Incomplete or unsigned Form 7.11 is the most common reason the CCMA rejects a referral on first receipt.

Filing Fees and Who Pays

The CCMA publishes a schedule of fees that distinguishes between individual applicants below an income threshold and those above it:

• Below the income threshold: the referral is free.
• Above the threshold: the standard filing fee applies. A separate arbitration fee applies if the matter proceeds to arbitration under the same schedule.
• Bargaining-council disputes: filed with the council first; CCMA fees only apply if the matter escalates after the council’s processes have run.

Fees are non-refundable if the matter is withdrawn, but can be refunded if the CCMA dismisses the referral for want of jurisdiction before conciliation. The fee figures are updated periodically — confirm the current schedule at ccma.org.za before filing.

Where and How to File the Referral

There are four practical channels for lodging Form 7.11:

Channel	How it works	When to use it
Online portal (ccma.org.za)	Upload Form 7.11 and supporting documents, receive an electronic case number, and track progress through the case file	Default option for most Gauteng referrers; removes the need to attend a physical office until the conciliation hearing itself
In person at a regional office	Lodge the form and supporting documents at the CCMA counter; the office issues a stamped case number on the day	Where documents are bulky or the applicant needs help filling in the form on the spot
Registered post	Post Form 7.11 and annexures to the relevant regional office; the date of posting is treated as the filing date	Where the applicant cannot attend an office in person and prefers not to use the portal
Email	Some regional offices accept email referrals under CCMA Rules; rules on electronic filing have evolved over time	Check the current CCMA Rules before relying on email filing

After receipt, the CCMA issues a case number and serves the referral on the respondent. The respondent is given an opportunity to file a response before conciliation is scheduled. For Gauteng-based referrers, the CCMA’s footprint runs through two regional offices — the Johannesburg office (covering the Johannesburg metropolitan area, including Randburg, Sandton, Roodepoort, and Bedfordview) and the Pretoria office (covering the Tshwane metropolitan area, including Centurion). Allocation between the two generally follows where the employee worked or where the disputed act occurred; the CCMA publishes a current allocation map on ccma.org.za and re-allocates if the wrong office is approached at filing.

Two venue-confusion points are worth flagging for Gauteng referrers. First, dismissal and unfair labour practice disputes do not file at the Magistrate’s Court — those go to the CCMA first, and only escalate to the Labour Court (a division of the High Court) if conciliation fails or if the dispute is one the CCMA cannot arbitrate. Second, in sectors covered by a registered bargaining council (for example, the metal-and-engineering, retail, or public-service sectors), the bargaining council has first-instance jurisdiction and the CCMA only takes the matter if the council cannot resolve it or no council exists for the workplace.

What Happens at the Conciliation Hearing

A CCMA commissioner (a neutral panellist appointed by the CCMA) presides over conciliation. The commissioner’s role is to facilitate settlement, not adjudicate the merits of the dispute. Each party presents its version, and the commissioner works to find common ground, propose settlement options, and, where possible, record a settlement agreement. Most CCMA conciliations are completed in a single sitting, typically within a few hours; complex matters may be postponed for further engagement.

Conciliation is private and confidential — evidence given and concessions made at conciliation generally cannot be used against a party at later arbitration. The commissioner has no power at conciliation to make a binding determination on the merits; that role belongs to arbitration.

Possible Outcomes of Conciliation

There are four possible outcomes at the end of the conciliation stage:

• Settlement: if the parties reach agreement, the settlement is reduced to writing and signed. Under section 158(1)(c) of the LRA, the agreement can be made an order of the Labour Court, which makes it enforceable as if it were a court order.
• Certificate of Outcome (non-resolution): issued when conciliation does not resolve the matter. The certificate records the date of conciliation and the fact that no settlement was reached, and is the gateway document for arbitration or Labour Court proceedings.
• Withdrawal: if the applicant withdraws before conciliation, the matter is closed. Re-instating a withdrawn matter requires a fresh referral, subject to the same time limits.
• Jurisdictional ruling: if the CCMA finds it lacks jurisdiction at conciliation (for example, because the matter should go to a bargaining council first), the referral may be dismissed with a ruling to that effect.

If Conciliation Doesn’t Resolve the Dispute: Your Next Steps

Once a Certificate of Outcome has been issued, the next step depends on the type of dispute:

• Apply for CCMA arbitration — typically within 90 days of the Certificate of Outcome, by filing a Form 7.13 (Request for Arbitration) using the same case number.
• Refer to the Labour Court — for certain disputes (for example, automatically unfair dismissals under section 187 of the LRA, discrimination disputes under the EEA, and disputes about the right to strike), the route is directly to the Labour Court, subject to that court’s procedural rules.
• Review — arbitration awards can be reviewed by the Labour Court on narrow grounds under section 145 of the LRA. The grounds are limited and the review is not an appeal on the merits.
• Settlement remains an option — even after a Certificate of Outcome is issued, the parties can settle at any point before an arbitration award or court judgment.

Common Mistakes to Avoid When Filing

Referrals are routinely sent back, struck off, or dismissed for procedural defects that could have been avoided with a pre-filing check. The most common are:

• Missing the 30-day unfair-dismissal deadline and filing without a condonation request — the matter is at risk of being dismissed on procedural grounds before its substance is heard.
• Misnaming the respondent — referrals against the wrong entity (an individual manager rather than the employer, or an outdated registered name) are sent back for correction and waste the running of the time limits.
• Failing to specify the relief sought — vague or open-ended relief gives the commissioner little to settle against and can be challenged on review.
• Treating Form 7.11 as a formality — substantive facts and a chronology belong on the form and in any annexed founding statement, not in oral submissions on the day.
• Filing at the wrong regional office — most CCMA matters are allocated to the office covering the area where the employee worked or where the dispute arose; check the CCMA’s current allocation rules before filing.

How an Attorney Can Help With the Referral

The pre-filing stage is where an attorney adds the most value, well before any hearing date is set. A labour-law specialist will typically:

• Run a pre-filing eligibility review — is the dispute CCMA-jurisdictional, is it in time, is the correct respondent named?
• Draft Form 7.11 and the supporting chronology so the file does not bounce for incompleteness.
• Prepare condonation arguments if the 30-day or 6-month deadline has been missed.
• Advise on whether the dispute should go to the CCMA at all, or to the Labour Court or a bargaining council.
• Represent the applicant at the conciliation itself, where the procedural and tactical value of an attorney often exceeds the cost.

Burger Huyser Attorneys’ Labour Law specialist, Marius Ferreira, fields CCMA referrals and conciliation representation from the firm’s Gauteng branches. Johannesburg, Randburg, Sandton, Roodepoort, Bedfordview, and Alberton-based referrers can start the intake at the Linden head office (49 First Avenue, Linden, Randburg, 011 888 0246); Pretoria- and Centurion-based referrers can use the Pretoria (Menlyn, 012 471 5700) or Centurion (012 644 4990) branch.

If you need to refer a workplace dispute to the CCMA for conciliation, or if a CCMA referral has already been issued against you and you need to respond, Burger Huyser Attorneys’ Labour Law team — led by specialist consultant Marius Ferreira — handles the full process from pre-filing eligibility review and Form 7.11 drafting through to representation at the conciliation hearing itself. Gauteng-based referrers can start the intake at the Linden head office (49 First Avenue, Linden, Randburg, 011 888 0246) or at the Pretoria (Menlyn, 012 471 5700) and Centurion (012 644 4990) branches. Initial consultations are booked through the relevant branch directly; bring your referral or the documents on which the referral is based, your contract of employment, and any prior correspondence with the employer or the CCMA. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields this work alongside its general labour and employment practice.

Frequently Asked Questions

How long do I have to refer an unfair dismissal to the CCMA?

30 days from the date the dismissal took effect, under section 191 of the Labour Relations Act 66 of 1995. If you miss the 30-day deadline, you can still file a referral but must request condonation from the CCMA under section 135(2A), which requires you to show good cause, the absence of unreasonable prejudice to the employer, the strength of your case, and the prospects of success.

Does it cost anything to file a CCMA referral?

For applicants earning below the published income threshold, the referral is free. For those earning above the threshold, the standard CCMA filing fee applies (per the current CCMA schedule at ccma.org.za). The fee is set by published schedule and updated periodically — always confirm the current figure before filing. A separate arbitration fee applies if the matter proceeds to arbitration.

Can I file a CCMA referral myself, without an attorney?

Yes — many applicants file Form 7.11 themselves, either online through the CCMA portal or in person at a regional office. The form is publicly available and the process is designed to be accessible to unrepresented parties. That said, an attorney is often worth instructing at the pre-filing stage to confirm eligibility, check the time limits, and draft the form so it does not bounce for incompleteness.

What is the difference between conciliation and arbitration at the CCMA?

Conciliation is the first step — a facilitated settlement attempt presided over by a CCMA commissioner whose role is to help the parties reach agreement. Arbitration is the second step, only reached if conciliation fails — a more formal hearing on the merits where a commissioner issues a binding written award that can be enforced as if it were a court order. Conciliation produces either a settlement or a Certificate of Outcome; arbitration produces an award.

Where do I file the referral if I am based in Gauteng?

Gauteng referrers can file at either the Johannesburg CCMA office or the Pretoria CCMA office, or via the CCMA’s online portal. The allocation between Johannesburg and Pretoria generally follows where the employee worked or where the dispute arose — check the CCMA’s current allocation rules before filing.

What happens if conciliation does not resolve my dispute?

The commissioner issues a Certificate of Outcome recording the non-resolution. The certificate is the gateway to your next step — either applying for CCMA arbitration (typically within 90 days, by filing Form 7.13) or, for certain disputes (e.g., automatically unfair dismissals, discrimination disputes), referring the matter to the Labour Court. You cannot skip conciliation and go straight to arbitration.