How Long Does It Take for the CCMA to Resolve a Case?

The time it takes to resolve a CCMA case can vary depending on several factors, including the nature of the dispute, the availability of the parties, and the complexity of the case. Understanding the timeline and process of CCMA hearings can help you better prepare and manage expectations. 

The resolution time for a CCMA case depends on whether it is resolved during conciliation or proceeds to arbitration.

  1. Conciliation:
    • Conciliation is typically scheduled within 30 days of the referral.
    • Many disputes are resolved during this stage, which usually lasts one day.
  2. Arbitration:
    • If conciliation fails, the case proceeds to arbitration. This is usually scheduled within 21 days after conciliation.
    • Arbitration hearings may take one or more days, depending on the complexity of the case. The commissioner’s decision (arbitration award) is usually issued within 14 days after the hearing concludes.

How Long Does It Take to Get a Date for CCMA?

After submitting your referral form (LRA Form 7.11), the CCMA typically schedules the first conciliation meeting within 30 days. The exact timeline can vary based on:

  • The CCMA’s caseload.
  • The nature of the dispute.
  • Availability of the parties involved.

What Happens at a CCMA Hearing?

The CCMA process usually involves two main stages:

  1. Conciliation:
    • A commissioner facilitates discussions between the parties to reach a mutual agreement.
    • If an agreement is reached, it is binding, and the matter is resolved.
    • If no agreement is reached, the commissioner issues a certificate of non-resolution, and the matter may proceed to arbitration.
  2. Arbitration:
    • The commissioner hears evidence and arguments from both parties.
    • Witnesses may testify, and documents can be submitted as evidence.
    • After reviewing the case, the commissioner issues a binding arbitration award.

What is the Time Limit for Referring a Case to the CCMA?

The Labour Relations Act prescribes strict time limits for referring disputes to the CCMA:

  • Unfair Dismissal: Must be referred within 30 days of the dismissal or the date you became aware of it.
  • Unfair Labor Practices: Must be referred within 90 days of the alleged unfair practice.
  • Mutual Interest Disputes: No fixed timeline, but it’s advisable to act promptly.

If you miss the deadline, you can apply for condonation (an extension of the time limit). However, you must provide valid reasons for the delay and demonstrate prospects of success.

The duration of a CCMA case can range from a few weeks to several months, depending on the dispute’s complexity and the resolution path. Understanding the timelines and processes can help you prepare effectively and avoid unnecessary delays. At Burger Huyser Attorneys, our labour law experts are here to guide you through every step of the CCMA process, ensuring your rights are protected. Contact us today for professional assistance tailored to your specific case.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE