How to Refer a Matter to the CCMA

A matter is referred to the CCMA by filing Form 7.11 — the CCMA’s standard referral form — within 30 days of the date the dispute arose. The referral can be lodged online through the CCMA’s online service portal at ccma.co.za, or in person at any CCMA regional office or Department of Labour labour centre across South Africa. Once a referral is filed in good order, the CCMA schedules a conciliation hearing (typically within 30 days); if the dispute remains unresolved, the claimant may refer it to arbitration or, for certain matters, to the Labour Court.

The CCMA (Commission for Conciliation, Mediation and Arbitration) is the statutory dispute-resolution body established under section 112 of the Labour Relations Act 66 of 1995. It is the default first stop for most workplace disputes in South Africa outside the scope of a registered bargaining council.

Who May Refer a Matter to the CCMA

The right to refer depends on the type of dispute.

• Individual employees — and a registered trade union acting on an employee’s behalf — may refer unfair-dismissal, unfair-labour-practice, and discrimination disputes under the Employment Equity Act.
• Employers, registered trade unions, and registered employers’ organisations may refer mutual-interest disputes (for example, a wage dispute or unilateral change to conditions of employment during collective bargaining).
• Bargaining councils first — where a registered bargaining council covers the sector, that council is the correct first forum for disputes falling within its registered collective agreement. The CCMA handles the matter only if the bargaining council does not have jurisdiction or the matter is referred out of the council.

Categories of Dispute the CCMA Has Jurisdiction Over

Dispute Category	What It Covers
Unfair dismissal	Both substantive unfairness (was the dismissal fair in the circumstances) and procedural unfairness (was the process followed before dismissal).
Unfair labour practice	Unfair conduct by an employer relating to promotion, demotion, probation, training, benefits, or suspension without pay; certain conduct by employees may also qualify.
Discrimination disputes	Disputes referred under the Employment Equity Act 55 of 1998.
Severance pay	Disputes about the amount of severance pay owed on dismissal for operational requirements (retrenchment).
Collective-agreement disputes	Disputes about the interpretation or application of a collective agreement where no bargaining council has jurisdiction.
Disclosure-of-information disputes	Disputes about disclosure of information in the context of collective bargaining.

The 30-Day Deadline and How to Cure a Late Referral

Most CCMA referrals must be filed within 30 days of the date the dispute arose — for unfair-dismissal matters, the clock starts on the date of dismissal itself. The phrase “date the dispute arose” is normally read as the date of the event complained of: the date of dismissal, the date a disciplinary outcome was communicated, or the date of the conduct constituting the unfair labour practice.

Late referrals are possible but require a formal condonation application. The CCMA weighs three factors:

1. The reason for the delay (the applicant must show good cause).
2. The degree of prejudice the delay would cause the other party.
3. The prospects of success on the merits.

A referral filed outside the 30-day window without condonation will typically be declared “out of time” and not entertained. Where the deadline has been missed, it is worth obtaining a legal opinion on condonation grounds before re-filing, because a second defective attempt can prejudice the matter further.

The Two Filing Routes: Online vs. In Person

Option A — Online via the CCMA Online Service Portal

The CCMA’s online service portal at ccma.co.za is the most accessible route for unrepresented claimants anywhere in South Africa. It requires:

• A working email address.
• The respondent employer’s full details — registered name, physical address, and sector.
• A completed Form 7.11.

Confirmation of receipt is issued automatically, and an allocated case reference number follows once the file has been processed. Burger Huyser Attorneys’ Labour Law capability, led by specialist consultant Marius Ferreira, supports unrepresented claimants who would prefer to have Form 7.11 vetted by an attorney before submitting it online.

Option B — In Person at a CCMA Regional Office or Labour Centre

Form 7.11 may be filed at any CCMA regional office or Department of Labour labour centre. Counter staff can help confirm the form is correctly completed before accepting it, and a physical receipt is issued at the counter. This route is useful for claimants who need help completing the form, who lack reliable internet access, or who want face-to-face confirmation that the file has been opened.

What Form 7.11 Must Contain (and Common Defects)

Form 7.11 is the CCMA’s prescribed referral form. It must contain the following:

• The full names, contact details, and physical addresses of both the applicant and the respondent.
• The sector in which the employer operates (this drives routing to the correct CCMA regional office).
• A clear statement of the nature of the dispute and the specific relief sought — compensation, reinstatement, re-employment, payment of severance, and so on.
• The date the dispute arose (this drives the 30-day calculation and any later condonation argument).
• The applicant’s signature, or the signature of a duly authorised representative.

Referrals are routinely returned to claimants for correction rather than rejected outright, but several defects recur:

Common Defect	Why It Matters
Missing signature	A referral without the applicant’s or authorised representative’s signature is not a valid referral.
Missing respondent physical address	The CCMA must be able to serve the referral; an incomplete address halts processing.
Vague or generic statement of the dispute	“Unfair treatment” is not a cause of action; the form must identify what conduct is complained of.
No relief specified	The CCMA cannot grant relief that has not been asked for; the form must state what the claimant wants.
Wrong respondent named	Naming the holding company instead of the operating employer is a recurring defect that can derail the matter.

After Referral: Conciliation and What Comes Next

Once a referral is filed in good order, the CCMA schedules a conciliation hearing — typically within 30 days of receipt. A commissioner presides over conciliation; the parties may settle the matter and sign a settlement agreement that is binding and is made an order of the Labour Court.

If conciliation fails (no settlement is reached), the CCMA issues a certificate of outcome — commonly referred to as a “section 135(4)” certificate in unfair-dismissal and unfair-labour-practice matters — which authorises the next step.

Stage	What Happens	Timeframe
Referral	Form 7.11 filed and accepted by the CCMA.	Within 30 days of the dispute arising.
Conciliation	Commissioner facilitates settlement; parties sign a binding settlement agreement if reached.	Typically within 30 days of referral.
Certificate of outcome	Issued by the CCMA where conciliation fails; unlocks arbitration or Labour Court referral.	Issued at the close of conciliation.
Arbitration	Evidentiary hearing; commissioner issues a binding award.	Within 90 days of the certificate, in unfair-dismissal and unfair-labour-practice matters.

Some disputes skip conciliation entirely and proceed straight to arbitration — these include automatically unfair dismissals involving protected strikes, dismissals for refusing to do work in place of a struck workforce, and certain discrimination disputes. The CCMA also has discretion to dispense with conciliation in other limited circumstances.

Where the CCMA, a Bargaining Council, and the Labour Court Differ

Forum	Role	Where It Fits
CCMA	Statutory dispute-resolution forum for matters outside bargaining-council scope, or where no bargaining council exists.	The default first stop for unfair dismissal, unfair labour practice, severance pay, and most individual disputes.
Bargaining council	Handles disputes under its own registered collective agreement within its sectoral scope.	The correct first forum where the sector is covered by a registered bargaining council.
Labour Court (Johannesburg)	Superior court for labour matters; reviews arbitration awards and certain CCMA decisions.	Not the starting point for ordinary unfair-dismissal or unfair-labour-practice referrals; relevant on review or appeal.

Practical Considerations Before Filing

• Many claimants file without representation — conciliation is designed to be accessible, and filing at the CCMA is free for individual employees.
• For arbitration (the second stage after a failed conciliation), representation by an attorney or counsel is strongly recommended given the procedural and evidentiary weight. This is where legal representation delivers the most value.
• Settlement at conciliation is binding and enforceable as if it were a court order — once signed, the terms cannot simply be re-opened.
• The CCMA does not ordinarily award legal costs against the losing party at conciliation; arbitration awards may include costs in the limited circumstances set out in the CCMA rules.

Referring a CCMA Matter from Gauteng

For claimants in the Gauteng region, CCMA referrals can be lodged online through the national online service portal at ccma.co.za, or in person at the CCMA’s regional offices in Johannesburg and Pretoria, or at any Department of Labour labour centre in the province. The same 30-day deadline applies regardless of which regional office is used.

A common point of confusion for first-time filers is that the Labour Court in Johannesburg is not where an unfair-dismissal or unfair-labour-practice referral starts — those begin at the CCMA. The Labour Court only becomes relevant later, when reviewing an arbitration award or appealing certain CCMA decisions. Bargaining councils in the metal, motor, and retail sectors in Gauteng may also be the correct first stop in some industries, depending on whether the employer and employee fall within a registered scope.

Burger Huyser Attorneys maintains Labour Law capability across its Gauteng branches. The head office in Linden, Randburg (011 888 0246), the Pretoria branch in Menlyn (012 471 5700), the Centurion branch (012 644 4990), and the Midrand branch (010 022 4082) are the practical intake points for Gauteng-based employees and employers needing assistance with Form 7.11 drafting or vetting, conciliation preparation, or representation at arbitration. The firm’s Labour Law specialist consultant is Marius Ferreira.

If a CCMA referral is on the table — or already on its way to conciliation — Burger Huyser Attorneys’ Labour Law practice, led by specialist consultant Marius Ferreira, can step in at any stage: drafting or vetting Form 7.11, preparing the substantive case for conciliation, or representing an employee or employer at arbitration. The firm fields this work across its Gauteng branches, with the head office in Linden (011 888 0246), the Pretoria branch (012 471 5700), the Centurion branch (012 644 4990), and the Midrand branch (010 022 4082) as the practical intake points. Initial consultations confirm whether the 30-day deadline applies, what condonation grounds exist if it does not, and what the realistic prospects are at each stage of the process.

Frequently Asked Questions

How long do I have to refer a matter to the CCMA?

Most disputes must be referred within 30 days of the dispute arising (or, in dismissal cases, within 30 days of the date of dismissal). Late referrals are possible but require a formal condonation application showing good cause for the delay, the degree of prejudice to the other party, and reasonable prospects of success on the merits. A referral filed outside the 30-day window without condonation is typically declared out of time and not entertained.

Can I refer a CCMA dispute online?

Yes — the CCMA’s online service portal allows claimants to file Form 7.11 electronically from anywhere in South Africa. You will need a working email address, the respondent employer’s full registered name and physical address, the sector in which the employer operates, a clear statement of the nature of the dispute, and the relief sought. Confirmation of receipt and a case reference number are issued automatically once the file has been processed.

What happens if my CCMA referral is defective?

Defective referrals are usually returned to the claimant with a query sheet rather than rejected outright, and the claimant is given an opportunity to correct the defect within a set period. Severely defective referrals — missing signatures, missing party details, no relief specified, or the wrong respondent named — risk being dismissed without being entertained, and re-filing may run into the 30-day deadline.

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

No. Filing at the CCMA is free for individual employees; there is no filing fee for conciliation.

Do I need an attorney to refer a CCMA matter?

For conciliation, many claimants attend unrepresented — the process is designed to be accessible. For arbitration (the second stage after a failed conciliation), representation by an attorney or counsel is strongly recommended given the procedural and evidentiary complexity, and this is where legal representation delivers the most value.

What is the difference between the CCMA, a bargaining council, and the Labour Court?

The CCMA is the statutory dispute resolution forum for matters outside the scope of registered bargaining councils, or where no bargaining council exists for the sector. A bargaining council handles disputes under its own registered collective agreement in the industries it covers. The Labour Court in Johannesburg is a superior court that reviews arbitration awards and certain CCMA decisions; ordinary unfair-dismissal and unfair-labour-practice referrals do not start at the Labour Court.