How Long Do You Have to Refer a Matter to the CCMA?

Under section 191 of the Labour Relations Act 66 of 1995 (LRA), you generally have 30 days from the date of dismissal to refer an unfair-dismissal dispute and 90 days from the act or omission concerned to refer an unfair-labour-practice dispute. Where arbitration is required, section 136 allows a party 90 days from the certificate of outcome to request arbitration, unless the CCMA or council condones a late request. A six-month period is not a general LRA section 191 deadline: it applies to some disputes under other legislation, notably unfair-discrimination disputes under section 10 of the Employment Equity Act 55 of 1998. A late initial referral or late arbitration request needs condonation and is not automatically accepted, so identify the correct forum and file without unnecessary delay.

The Three Statutory Deadlines Under Section 191 of the LRA

Each stage has its own starting point and period.

Stage	Period	Starting point
Unfair-dismissal referral	30 days	Date of dismissal, or a later final employer decision under section 191(1)(b)(i).
Unfair-labour-practice referral	90 days	The act or omission, or a later date on which the employee became aware of it, under section 191(1)(b)(ii).
Request for arbitration	90 days	The certificate of outcome, under section 136(1), unless condonation is granted.

How the Clock Starts — What “Date of Dismissal” and “Date the Dispute Arose” Mean

The 30-day period is not calculated only from a letter’s date. Section 190 generally uses the earlier of the date the contract terminated and the date the employee left the employer’s service. Special rules can apply to notice periods, refused reinstatement or a refusal to allow an employee to resume work. If an internal appeal produces a later final employer decision, section 191 may start the 30-day period then.

For an unfair labour practice, the 90-day period usually starts with the act or omission, or a later date on which the employee became aware of it. The trigger may be the employer’s final decision on promotion, demotion, probation, benefits or another practice recognised by section 186(2), rather than the date the employee first felt dissatisfied. Keep the decision letter, messages and witness details to prove the relevant date.

For unfair discrimination, section 10(2) of the Employment Equity Act generally provides six months from the act or omission. It is separate from the LRA periods, and other legislation can provide different periods. Identify the statute as well as the forum before calculating the deadline.

Where to Refer the Dispute — CCMA or Bargaining Council

A registered bargaining council must receive a dispute if it covers the employer’s sector and the work performed. If no council has jurisdiction, refer the matter to the CCMA. Filing in the wrong place can cause delay and may require condonation. Check sectoral jurisdiction before the deadline.

How to Refer the Dispute — Step by Step

1. Record the dispute and remedy. State whether it is an unfair dismissal, unfair labour practice, unfair-discrimination dispute or another claim, and what outcome is sought.
2. Confirm jurisdiction. Check the employer’s sector against registered bargaining-council coverage. Use the council if it has jurisdiction; otherwise use the CCMA.
3. Complete the current referral route. Use the CCMA’s current online platform where available, or the prescribed LRA Form 7.11 route permitted by the rules. Sign and date it.
4. Attach evidence. Include available dismissal letters, contract, payslips, disciplinary records, warnings, correspondence, witness details and proof of the event or decision.
5. Serve the other party. Follow the applicable rules and retain proof of service; filing is not complete without the required service.
6. Submit on time. File before the applicable 30-day, 90-day or statutory six-month period expires. The submission or filing date—not the date you downloaded the form—must be protected. Keep the portal receipt and any set-down notice; deal with any payment or exemption promptly.

Conciliation First, Then Arbitration — Why Both Stages Matter

Section 191(4) requires the council or CCMA to attempt conciliation. It is ordinarily the first forum stage after a valid referral, not an optional meeting. The certificate records whether the dispute remains unresolved and starts the separate section 136 arbitration period when that route applies.

Not every unresolved dispute goes to the CCMA. Section 191(5) generally includes conduct- or capacity-related dismissals and unfair-labour-practice disputes, while automatically unfair, operational-requirements and certain other dismissals generally go to the Labour Court. Some matters proceed by con-arb under section 191(5A). A Labour Court referral is generally due within 90 days after the certificate of outcome, subject to condonation. The certificate does not choose the forum, so confirm the route before requesting arbitration.

Late Referrals — When the CCMA Can Condone

The LRA gives the CCMA or bargaining council a discretion to permit a late referral when good cause is shown. There is no automatic right merely because the delay was short or the dismissal appears unfair. Rule 9 of the current CCMA Rules requires a condonation application and identifies the degree of lateness, explanation, prospects of success and prejudice to the other party as relevant factors.

• Delay: explain every period that remains unexplained.
• Reason: provide supported evidence, such as illness, attempts to obtain records or a genuine representation problem; do not rely on a bare assertion that the matter was overlooked.
• Prospects: show a reasonable chance of succeeding on the facts and in law.
• Prejudice: address evidential, administrative or financial prejudice to the other side.

Support the application with a detailed affidavit or other sworn evidence where required. The other party may oppose it, and the CCMA may decide the papers without granting a full hearing. A short, explained delay with good prospects is not guaranteed condonation, unlike a long unexplained delay. Burger Huyser Attorneys’ Labour Law practice can assess the delay, prospects and evidence before the application is filed.

What Happens If You Miss the Deadline Without Condonation

If the statutory period expired, the CCMA or council may dismiss the referral or refuse to appoint an arbitrator. Condonation is a separate hurdle: weak prospects, an inadequate explanation or serious prejudice can defeat it. A second letter or fuller form after the deadline does not cure the problem.

A party may seek a Labour Court review of a later CCMA ruling under the Act and court rules, but review is not a substitute for timely referral or a fresh trial. If a deadline is close or has passed, obtain immediate advice, file in the correct forum with a full condonation explanation, and preserve proof of the original intended filing date.

Frequently Asked Questions

Is the CCMA deadline 30 days for every type of dispute?

No. Under section 191 of the Labour Relations Act, 30 days applies to an unfair dismissal and 90 days to an unfair labour practice. Six months may apply to unfair discrimination under the Employment Equity Act, and other statutes differ. A separate 90-day period applies to requesting arbitration after a certificate.

Does the 30-day clock include weekends and public holidays?

The period is calculated in calendar days. Rule 3 excludes a last day on a Saturday, Sunday or public holiday, or during 16 December to 7 January, but file early rather than rely on an extension.

What if I was not given a written dismissal letter — when does the 30-day clock start?

The letter’s issue date is not automatic. Section 190 generally uses the date the contract terminated or the employee left, subject to special rules and any later final employer decision under section 191. Keep payslips, messages and witness details to prove the date.

Can I refer a dispute to the CCMA myself, or do I need an attorney?

You do not need an attorney to refer a dispute. Representation rules vary between conciliation and arbitration, and legal representation is restricted in some arbitration disputes unless permitted. A labour attorney can still advise you, prepare papers and appear where the rules allow.

What happens if I send my referral to the wrong body (e.g. the bargaining council instead of the CCMA, or vice versa)?

Do not rely on it. A wrong-body referral may be transferred, but the statutory period can continue and the correct filing may be late. Check bargaining-council coverage and file with the correct forum.

What does “good cause” mean for condonation of a late CCMA referral?

Good cause has no fixed checklist. The CCMA weighs the delay, explanation, prospects of success and prejudice to the other party, with other relevant factors. A short explained delay is not automatic, and a long unexplained delay may be refused.

Need Help With a CCMA Referral?

If a CCMA deadline is approaching or has passed, contact Burger Huyser Attorneys’ Labour Law practice on 011 888 0246 or the branch closest to you. Specialist consultant Marius Ferreira is part of the firm’s Labour Law offering, covering CCMA referrals, disciplinary hearings and Labour Court matters.

Branch	Telephone
Randburg head office	011 888 0246
Sandton	011 253 3080
Pretoria	012 471 5700
Centurion	012 644 4990
Roodepoort	011 668 0030
Bedfordview	011 201 7190
Alberton	011 439 3990
Midrand	010 022 4082

Bring the dismissal letter, contract, payslips, disciplinary record and relevant correspondence. A practitioner can identify the correct route, starting date and evidence needed for referral or condonation.