CCMA Arbitration Rules: What You Need To Know

The current Rules for the Conduct of Proceedings before the CCMA were published as Government Notice R3318 in Government Gazette 48457 of 11 April 2023, replacing the 2014 rules, and are made under section 115 of the Labour Relations Act 66 of 1995. They govern every step of a CCMA arbitration from the initial Form 7.11 referral through to the commissioner’s written award, including when legal representation is allowed under Rule 25 (only with the commissioner’s permission, in defined circumstances). Awards are final and binding but may be reviewed by the Labour Court under section 145 of the LRA within six weeks of the award being issued.

What the CCMA Arbitration Rules Are and Where They Come From

The Commission for Conciliation, Mediation and Arbitration (CCMA) was established under section 112 of the Labour Relations Act 66 of 1995 (the LRA) to resolve labour disputes through conciliation and arbitration. The Rules for the Conduct of Proceedings before the CCMA are made under section 115 of the LRA and govern the procedural layer below the substantive law — the steps that get a dispute from a workplace incident to a final, binding award.

The rules were substantially revised in 2023. The current version was published as Government Notice R3318 in Government Gazette 48457 of 11 April 2023 and replaced the earlier 2014 rules (originally published as GN R1010 in GG 37901 of 8 August 2014). A consolidated reference text of the rules is maintained on SAFLII for legal practitioners.

The rules apply uniformly across all nine provincial CCMA offices — Johannesburg, Pretoria, Cape Town, Durban, Port Elizabeth, East London, Bloemfontein, Kimberley, and Polokwane — and cover the full range of CCMA proceeding types, including con-arb, pre-dismissal arbitration under section 188A, and inquiry-arbitration under section 188A(4)(b).

Sources of the rules at a glance

Document	Reference	Status
Current Rules for the Conduct of Proceedings before the CCMA	GN R3318, GG 48457 of 11 April 2023	In force
Predecessor 2014 rules	GN R1010, GG 37901 of 8 August 2014	Replaced
Authorising statute	Section 115 of the Labour Relations Act 66 of 1995	Substantive framework
CCMA establishment	Section 112 of the LRA	Statutory foundation

Types of CCMA Proceedings the Rules Cover

The 2023 rules apply to every kind of CCMA proceeding, not just arbitration in the narrow sense. The differences between the proceedings matter for the procedural steps that follow.

Proceeding type	Form	Outcome	Statutory basis
Conciliation	Informal; no rules of evidence; commissioner facilitates settlement	Settlement agreement or certificate of non-resolution	General LRA framework
Arbitration	More formal hearing with rules of evidence; commissioner decides the dispute	Binding written award	Section 138 of the LRA
Con-arb	Combined conciliation and arbitration on the same day, used where conciliation is unlikely to resolve the dispute	Settlement or award	Section 191(5) of the LRA
Pre-dismissal arbitration	Parties agree to arbitrate a dismissal dispute without first going to conciliation	Binding award	Section 188A of the LRA
Inquiry by arbitrator	Arbitrator conducts the disciplinary enquiry themselves and then issues an award	Binding award	Section 188A(4)(b) of the LRA

How a CCMA Arbitration Starts: The Referral Process

A CCMA arbitration begins with a formal referral. The applicant files a referral of dispute to arbitration using Form 7.11 — the prescribed form under the rules. The referral must be filed within the applicable time limit: generally 30 days from the date of dismissal for unfair dismissal disputes under section 191 of the LRA, or 90 days for other disputes under section 191.

1. Complete Form 7.11 (referral of dispute to arbitration) and lodge it with the CCMA office covering the area where the employment relationship was based.
2. Serve a copy of the referral on the other party and file proof of service with the CCMA.
3. The CCMA appoints a commissioner from its panel and issues a notice of arbitration setting out the date, time, and venue of the hearing.
4. Notice is typically issued at least 14 days before the hearing, although shorter periods are not uncommon in practice where parties are ready to proceed.

Rule 25: Legal Representation at CCMA Arbitration

Rule 25 is the single most consequential rule for parties considering whether to brief an attorney. The default position under Rule 25(1)(a) is that no legal representation is permitted — parties normally represent themselves in CCMA arbitration.

Under Rule 25(1)(b), the commissioner may grant permission for legal representation if satisfied that one or more of the following applies:

• The dispute raises complex issues of law or fact.
• There are complex or novel legal issues.
• The dispute has significant economic implications for either party.
• The capacity of either party to represent themselves is compromised.

An application for legal representation must be made in writing, typically before the arbitration date. The commissioner decides the application in their discretion and is not bound by the parties’ agreement — even where both sides consent to representation, the commissioner may still refuse. The courts have upheld this discretion as constitutionally reasonable: in Commission for Conciliation, Mediation and Arbitration and Others v Law Society of the Northern Provinces [2014] 1 All SA 125 (SCA), the Supreme Court of Appeal confirmed the limitation is consistent with the LRA’s objectives of accessible and affordable dispute resolution.

For parties who do not yet have a written ruling on representation, preparing the case as if they will have to argue it themselves is the safer default — and then using Rule 25 permission to hand the floor to counsel where it is granted.

Pre-Arbitration Conference and Discovery

The commissioner may convene a pre-arbitration conference — in person or by teleconference — to clarify issues, narrow the dispute, and settle evidential or procedural matters in advance. Where a pre-arbitration conference is ordered, the parties should arrive prepared with a clear statement of the issues, the relief sought, and the documents on which they intend to rely.

Parties exchange documents before the hearing under the rules. In a dismissal dispute, the typical exchange includes the disciplinary record, the dismissal letter, the charge sheet, the employee’s representations, and any documentary evidence the employer intends to rely on. A subpoena may be issued under Rule 37 to compel the attendance of a witness or the production of a document; subpoenaed witnesses who fail to attend without lawful excuse commit an offence under section 142(2) of the LRA.

Pre-hearing step	What it is	Rule / section
Pre-arbitration conference	Case-management meeting to narrow issues and settle procedure	Rule 23 of the 2023 rules
Discovery / document exchange	Exchange of documentary evidence relied on	General rules and commissioner direction
Subpoena of witness	Compels attendance of a witness	Rule 37; section 142(1) of the LRA
Subpoena of document	Compels production of a document	Rule 37; section 142(1) of the LRA
Failure to attend on subpoena	Criminal offence	Section 142(2) of the LRA

The Arbitration Hearing Itself

The applicant (typically the employee in a dismissal dispute) bears the onus and presents their case first. Each party may give evidence under oath or affirmation, call witnesses, and cross-examine the other side’s witnesses. The commissioner controls the procedure, decides on the admissibility of evidence, and is not bound by the strict rules of evidence applicable in court.

Hearings are recorded, usually digitally. Closing arguments are made after evidence closes; the commissioner may deliver an oral indication of the award on the day or reserve the decision.

The Arbitration Award

The commissioner issues a written award with reasons — Rule 31 governs the form and content of the award. The award is normally issued within 14 days of the conclusion of the arbitration (or such longer period as the parties agree).

The award is final and binding on the parties unless reviewed or set aside under section 145 of the LRA. The commissioner has the power to make any award that the Labour Court could have made under section 193 of the LRA — including reinstatement, re-employment, or compensation up to 12 months’ remuneration, or up to 24 months in automatic unfair dismissal cases.

Remedy	Maximum	Source
Reinstatement	Same position, backdated to date of dismissal	Section 193(1)(a) of the LRA
Re-employment	Comparable position with same terms	Section 193(1)(b) of the LRA
Compensation (ordinary unfair dismissal)	Up to 12 months’ remuneration	Section 193(1)(c) of the LRA
Compensation (automatic unfair dismissal)	Up to 24 months’ remuneration	Section 193(1)(c) read with section 187 of the LRA

Reviewing or Setting Aside a CCMA Award

Section 145 of the LRA allows a party to apply to the Labour Court to review or set aside a CCMA arbitration award. The review must be brought within six weeks of the award being issued (the date the award is served, not the date it was issued).

The Labour Court may review the award on the grounds set out in section 145(2)(a):

• The commissioner committed misconduct.
• The commissioner committed a gross irregularity in the conduct of the arbitration.
• The commissioner exceeded their powers.
• The commissioner was biased.

The Labour Court may confirm, vary, or set aside the award; if set aside, the matter may be remitted back to the CCMA for a fresh arbitration before a different commissioner. Review is not an appeal on the merits — the Labour Court will not substitute its own view of the evidence for the commissioner’s.

If you are facing a CCMA arbitration — whether as an employee who has been unfairly dismissed or an employer responding to a referral — Burger Huyser Attorneys’ Labour Law practice can take instructions from any of its Gauteng branches. The firm prepares and lodges the Form 7.11 referral, applies for Rule 25 permission where legal representation is justified, and appears at the arbitration. Where an award needs to be challenged, the firm handles section 145 review proceedings in the Labour Court. Phone the Randburg head office on 011 888 0246 (after-hours 061 516 6878) for a first conversation, or contact the branch nearest to where the CCMA hearing will be heard.

CCMA Arbitration in Gauteng: The Johannesburg and Pretoria Seats

CCMA arbitration hearings in Gauteng are held at either of the two provincial offices — Johannesburg (Lakeside Place, 27 Junction Avenue, Parktown) or Pretoria (1st Floor, Block A, Momentum Park, 105 Nico Smith Street, Silverton) — depending on where the dispute arose and the commissioner’s availability. The rules themselves apply identically at both venues; the choice of seat affects only logistics. Parties attending a Gauteng arbitration typically file their Form 7.11 referral at the CCMA office covering the area where the employment relationship was based, and the appointed commissioner is allocated from the CCMA’s regional panel.

Burger Huyser Attorneys fields CCMA work through its Labour Law practice, led at consultant level by Marius Ferreira and supported by the firm’s broader litigation bench across Gauteng. The firm operates from nine branches across the province — Linden (Randburg), Midrand, Sandton, Roodepoort, Bedfordview, Alberton, Pretoria (Menlyn), Centurion, and the Debt Collection office in Randfontein — and CCMA instructions can be taken at any branch and run through whichever office is closest to the client or the hearing venue. The CCA’s own offices, not the firm’s, remain the venue for conciliation and arbitration; the firm’s role is to prepare the referral, represent the client at the hearing where Rule 25 permission has been granted, and (where needed) handle the section 145 review in the Labour Court in Johannesburg.

Frequently Asked Questions

What are the current CCMA arbitration rules?

The current Rules for the Conduct of Proceedings before the CCMA were published as Government Notice R3318 in Government Gazette 48457 of 11 April 2023, made under section 115 of the Labour Relations Act 66 of 1995. They replaced the 2014 rules and apply to all CCMA proceedings, including conciliation, arbitration, con-arb, pre-dismissal arbitration under section 188A, and inquiry-arbitration.

Can I be legally represented at a CCMA arbitration?

Not as a matter of right. Under Rule 25(1)(a) of the 2023 rules, legal representation is not permitted unless the commissioner grants permission under Rule 25(1)(b). Permission may be granted where the dispute raises complex issues of law or fact, where there are novel legal issues, where the dispute has significant economic implications, or where one party’s capacity to self-represent is compromised. The application must be made in writing, and the decision is at the commissioner’s discretion.

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

Conciliation is the first step in most disputes — an informal process where a commissioner tries to help the parties settle. Arbitration is the second step (if conciliation fails) — a more formal hearing where a commissioner hears evidence and issues a binding written award. Con-arb combines both on the same day. Conciliation has no rules of evidence; arbitration is more formal but still less rigid than a court hearing.

How long does a CCMA arbitration take from referral to award?

The timeline depends on the CCMA’s caseload and the complexity of the dispute. A straightforward unfair-dismissal arbitration may be concluded within two to four months of the Form 7.11 referral being filed. Complex matters or matters postponed multiple times can run considerably longer. The commissioner is expected to issue the award within 14 days of the hearing closing.

Can a CCMA arbitration award be appealed?

Awards are final and binding, but a party may apply to the Labour Court under section 145 of the LRA to review or set aside an award. The application must be brought within six weeks of the award being served. The Labour Court will review on the grounds of commissioner misconduct, gross irregularity, exceeding powers, or bias — it is not a merits appeal, and the court will not simply substitute its own view of the evidence for the commissioner’s.

How much does it cost to refer a dispute to the CCMA?

The CCMA does not charge a filing fee for the referral itself. The cost to the party is typically the cost of legal representation (where Rule 25 permission has been granted) and lost time attending the hearing. Unrepresented parties attend without charge to the CCMA.