What Matters can be Referred to the CCMA?

The CCMA (Commission for Conciliation, Mediation and Arbitration) has jurisdiction to entertain disputes referred to it under the Labour Relations Act 66 of 1995, and the schedule of referable matters is set out in Schedule 7 of that Act together with section 191 for dismissal-related referrals. The categories of disputes that may be referred include unfair dismissal (including automatically unfair dismissal under section 187), unfair labour practices as defined in sections 185 to 188 of the LRA, disputes about the interpretation or application of a collective agreement, mutual interest disputes arising during wage or condition negotiations, freedom-of-association disputes, severance pay disputes under section 41, and disputes about the interpretation or application of the LRA itself. Matters that fall outside the CCMA’s jurisdiction — pure contractual damages claims, pension-fund benefit disputes, unemployment-insurance disputes, defamation claims arising from workplace conduct, and collective-bargaining disputes in the public service — must be referred to a different forum or resolved privately.

The Legal Basis for CCMA Jurisdiction

The CCMA is an independent statutory dispute resolution body established under section 112 of the Labour Relations Act 66 of 1995. It has no inherent or common-law jurisdiction — it can only entertain the disputes that the LRA expressly assigns to it. Two statutory provisions do most of the work:

• Schedule 7 of the LRA — the closed list of categories of disputes that may be referred to the CCMA.
• Section 191 of the LRA — the dismissal-specific referral regime, including the procedure for unfair-dismissal disputes and automatically unfair-dismissal disputes.

Jurisdiction is statutory, not consensual. A matter that sits outside Schedule 7 cannot be referred to the CCMA even if both parties agree to use it as a forum. If a registered bargaining council has jurisdiction over the sector or workplace, that council — not the CCMA — is the first referral point for most disputes; the CCMA only has residual jurisdiction once the council route has been exhausted or is unavailable.

If you are unsure whether your dispute falls inside Schedule 7, confirm the forum before the time limit runs. Burger Huyser Attorneys’ Labour Law practice — led by specialist consultant Marius Ferreira — advises on forum, form, and the merits of a CCMA referral before you file.

Categories of Disputes That Can Be Referred

The table below sets out the principal categories of disputes that may be referred to the CCMA, the statutory source that authorises the referral, and the key features of each category.

Category	Statutory Source	Key Features
Unfair dismissal (conduct, capacity, operational requirements)	LRA s 191	Most common CCMA referral; assessed against substantive and procedural fairness
Automatically unfair dismissal	LRA s 187	Dismissals for participating in a protected strike, pregnancy, disclosure of protected information, discrimination on a listed ground
Unfair labour practice	LRA ss 185–188 read with item 2 of Sch 7	Promotion/demotion disputes, benefits disputes, restructuring, probation, employer bullying, unilateral changes to terms of employment
Interpretation or application of a collective agreement	LRA Sch 7	The CCMA interprets an existing agreement; it cannot rewrite or renegotiate it
Mutual interest dispute	LRA Sch 7	Wages or conditions during a negotiation deadlock; the dispute itself is referable, not the underlying strike action
Freedom-of-association dispute	LRA s 4 read with Sch 7	Trade-union membership, recruitment, and interference disputes
Interpretation or application of the LRA itself	LRA Sch 7	Often arises as a preliminary point in another referral
Severance pay	LRA s 41	Whether severance is due and the amount, within 12 months of termination
Right to strike / lockout disputes and procedural fairness	LRA ss 64, 65	Picketing rules, demarcation disputes between unions, secondary-strike issues
Disclosure-of-information disputes	LRA s 16	Refusal to disclose information relevant to collective bargaining
Discrimination disputes where the EEA route is unavailable or exhausted	EEA s 10 read with the LRA	Falls back to the CCMA’s unfair-labour-practice jurisdiction

Matters That Cannot Be Referred to the CCMA

Several common workplace disputes fall outside the CCMA’s jurisdiction and must be referred elsewhere. Examples include:

• Pure contractual damages claims — for example, unpaid bonuses claimed under a simple contract of employment without an unfair-labour-practice angle. These belong in the Magistrate’s Court or the civil Regional / High Court.
• Validity-of-dismissal claims framed purely as breach of contract — the LRA unfair-dismissal process is the correct statutory route and must be used.
• Pension-fund benefit disputes — adjudicated by the Office of the Pension Funds Adjudicator under the Pension Funds Act 24 of 1956.
• Disputes about the appointment or removal of a retirement-fund trustee — adjudicator jurisdiction.
• Unemployment Insurance Fund (UIF) benefit claims — administered by the Department of Labour, not the CCMA.
• Collective-bargaining disputes in the public service — handled by the Public Service Co-ordinating Bargaining Council (PSCBC) and its sector chambers.
• Pure defamation claims arising from workplace conduct — civil courts.
• Disputes covered by an exclusive bargaining council and not first referred to that council — the CCMA has no residual jurisdiction at the conciliation stage in those circumstances.

Who Can Refer a Matter

The LRA does not limit CCMA referrals to employees. Depending on the category of dispute, the following parties may refer a matter:

• The employee (or former employee) personally.
• A registered trade union acting on the employee’s behalf — the employee must be a member of that union.
• The employer — most commonly for unfair-labour-practice referrals (such as a promotion dispute where the employer is the aggrieved party), disputes about picketing rules, organisational-rights disputes, and freedom-of-association referrals.
• A bargaining council — referrals to compel compliance with a collective agreement.
• A job applicant alleging automatically unfair discrimination on a listed ground.

Statutory Time Limits for Referral

Each category of referral carries its own statutory time limit. Late filing is one of the most common reasons referrals are rejected; condonation is available but the bar is high and is not guaranteed.

Category	Time Limit	Condonation?
Unfair dismissal (ordinary)	30 days from date of dismissal (LRA s 191(2))	Yes — on good cause shown, but the bar is high
Automatically unfair dismissal	30 days from the conduct complained of	Yes
Unfair labour practice	90 days from the act or omission complained of	Yes — within a further period the CCMA allows on good cause shown
Severance pay	12 months from termination	Yes — on good cause shown
Interpretation of a collective agreement	No explicit statutory limit	Referral should be reasonably prompt
Disclosure-of-information disputes	No explicit statutory limit	Prompt referral expected

These limits are set by the LRA itself and apply uniformly across South Africa. The Department of Labour and the CCMA publish the current versions of the relevant forms and practice directives — confirm those before filing.

The CCMA Process After Referral

Once a referral is properly lodged, the CCMA process follows a predictable arc:

1. Conciliation first — most matters start at conciliation, a confidential settlement process conducted by a CCMA commissioner.
2. Arbitration — if conciliation does not resolve the dispute, the matter proceeds to arbitration, an informal hearing where the commissioner decides the outcome.
3. Award — the arbitration award is binding on the parties, subject to limited Labour Court review under section 145 of the LRA.
4. Rescission — a party can apply to rescind an award in limited circumstances (default, good cause, within 14 days of becoming aware of the award) under section 144.
5. Labour Court review — section 145 review of an arbitration award is available on narrow grounds (excess of jurisdiction, misconduct, gross irregularity, factual or legal mistake causing substantial injustice).

Conciliation is intended to be accessible without legal representation. Arbitration is more formal, and parties may be represented by an attorney or advocate. Post-award litigation (rescission and review) is specialist work — the Labour Court’s review grounds are narrow, and applications are regularly dismissed for being appeals in disguise.

Common Reasons CCMA Referrals Are Rejected or Fail

Even where the underlying dispute is sound, the referral itself can fail. The most common reasons include:

• Wrong forum — the dispute should have gone to a bargaining council.
• Late filing — outside the statutory time limit without condonation.
• Defective referral form — wrong form used, missing particulars of the dispute, no indication of relief sought.
• Wrong respondent — the wrong party named (for example, the holding company rather than the operating employer).
• No underlying cause of action — the dispute is contractual and not unfair-dismissal or unfair-labour-practice.
• CCMA jurisdiction stripped — the dispute falls within the exclusive jurisdiction of another body.

Pre-referral review of the forum, the form, and the time limit avoids most of these failures. Burger Huyser Attorneys’ Labour Law practice supports this kind of pre-filing strategy work across its Gauteng branches.

The Bargaining Council / CCMA Distinction

A bargaining council is a registered forum covering a specific industry or sector — for example metal, retail, banking, or motor. Where a bargaining council is registered and covers the workplace, the council — not the CCMA — is the first referral point for most disputes. The CCMA only has residual jurisdiction:

• where the dispute falls outside the bargaining council’s registered scope;
• where the council has failed to resolve the dispute; or
• where the council is not functional.

Demarcation disputes between bargaining councils and unions are themselves frequently referred to the CCMA, as are disputes about which forum has jurisdiction — a practical issue that often determines whether a referral survives a jurisdictional challenge.

When Legal Assistance Helps

Pre-referral strategy is the most cost-effective point at which to engage a labour-law attorney. The decisions made at this stage — forum, form, particulars, relief sought, time limit — shape everything that follows. Specifically:

• Pre-referral — confirming the right forum, the correct form (Form 7.11), and the applicable time limit.
• Drafting the referral — the form must set out the nature of the dispute, the relief sought, and the basis of jurisdiction.
• Conciliation — the employee or employer may attend personally, with or without a union representative; attorneys are not normally present at conciliation.
• Arbitration — parties may be legally represented by an attorney or advocate.
• Post-award — rescission applications under section 144, and Labour Court review under section 145.

Burger Huyser Attorneys’ Labour Law practice runs CCMA files from any of the firm’s Gauteng branches and is set up to advise both employees and employers across the province, including disciplinary-hearing preparation that often precedes an unfair-dismissal referral.

Frequently Asked Questions

Can any employment dispute be referred to the CCMA?

No. The CCMA only has jurisdiction over disputes listed in Schedule 7 of the Labour Relations Act 66 of 1995 (and in section 191 for dismissals). Pure contractual damages claims, pension-fund benefit disputes, UIF disputes, and certain other matters must be referred to a different forum or resolved privately.

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

An unfair dismissal must be referred within 30 days of the date of dismissal under section 191(2) of the LRA. Late referrals may be condoned on good cause shown, but the bar is high and condonation is not guaranteed — act promptly and consult an attorney before the deadline expires.

What’s the difference between the CCMA and a bargaining council?

A bargaining council is a registered forum covering a specific industry or sector (for example metal, retail, or banking). If a bargaining council covers your sector, disputes must first be referred to that council, not the CCMA. The CCMA has residual jurisdiction over disputes outside a bargaining council’s scope, or where the council has failed to resolve the matter.

Can an employer refer a dispute to the CCMA?

Yes. Employers can refer unfair-labour-practice disputes (for example where an employee withholds work in a way that affects the employer’s rights), disputes about picketing rules, organisational-rights disputes, freedom-of-association disputes, and certain other matters listed in the LRA. The CCMA is not only a forum for employee claims.

Can I be represented by a lawyer at the CCMA?

At conciliation, representation is by the party personally or by a union representative. At arbitration, parties may be represented by an attorney or advocate. The CCMA is designed to be accessible without representation, but legal representation is allowed in arbitration.

What happens if conciliation fails?

If conciliation does not resolve the dispute, the matter proceeds to arbitration. The arbitrator hears evidence, makes a finding, and issues a binding arbitration award. The award can be reviewed in the Labour Court under section 145 on narrow grounds — not on the merits.

Is there a fee to refer a dispute to the CCMA?

No. There is no fee to refer a dispute to the CCMA. CCMA processes are free at the point of use, and conciliation and arbitration are funded by the statutory levy on employers.

Can a discrimination dispute be referred to the CCMA?

Discrimination disputes may be referred to the CCMA under the Employment Equity Act 55 of 1998 if the EEA dispute-resolution route is exhausted or unavailable. Otherwise, employment-related discrimination often falls within the unfair-labour-practice definition under the LRA and is referable on that basis.

If you are considering referring a dispute to the CCMA — or have received a referral and need to respond — Burger Huyser Attorneys’ Labour Law team can advise on forum, form, and the merits before you file. Contact the firm on 011 888 0246 (head office, Linden/Randburg) or your nearest Gauteng branch: Centurion 012 644 4990, Sandton 011 253 3080, Pretoria 012 471 5700, Roodepoort 011 668 0030, Bedfordview 011 201 7190, Alberton 011 439 3990, Midrand 010 022 4082.