How to Prepare for Conciliation at the CCMA

CCMA conciliation is a compulsory statutory pre-arbitration step under the Labour Relations Act 66 of 1995 — a neutral commissioner facilitates a settlement attempt between employer and employee but cannot impose a binding decision on the merits. Preparation centres on four things: filing the correct referral (LRA Form 7.11) inside the prescribed time (30 days from dismissal for unfair dismissal, 90 days from the act for unfair labour practice, 6 months from the act for discrimination disputes), assembling your bundle (employment contract, payslips, the disciplinary record, related correspondence and any witness statements), arriving with a clear view of the outcome you would accept, and knowing the commissioner’s powers — under CCMA Rule 13(1) and 13(2) the commissioner can continue, adjourn within the 30-day window, or issue a Certificate of Outcome if a party does not appear. If you settle, the agreement is signed and binding; if you do not, the Certificate of Outcome is the gateway to arbitration (LRA Form 7.13 within 90 days).

What CCMA Conciliation Is — and What It Is Not

Conciliation is the compulsory first half of the two-stage CCMA process. The Labour Relations Act requires it before any CCMA arbitration can take place in a referred dispute, and the commissioner who runs it is a neutral, appointed CCMA panellist. The commissioner facilitates settlement between the parties — that is the whole role. The commissioner does not make findings of fact, does not issue an award, and has no power to decide the dispute on its merits. That is what arbitration is for, and you only reach arbitration if conciliation fails.

The session runs without prejudice. Concessions and statements made during conciliation generally cannot be used against a party in later arbitration or court proceedings unless both parties agreed in writing that they may be, or a court orders otherwise. A typical conciliation is completed within an hour. The formal record is either a settlement agreement or a Certificate of Outcome recording that the dispute remains unresolved — not an arbitration award. For probation-related unfair dismissal disputes, the CCMA runs a combined conciliation-and-arbitration (“con-arb”) on the same day, which compresses your preparation timeline but means you must be ready to argue both stages back to back.

The Statutory Time Limits That Drive Your Preparation Window

The LRA sets strict deadlines for referring a dispute. Missing them puts the matter at risk of being dismissed before its substance is heard:

Dispute type	Time limit	Source
Unfair dismissal	30 days from the date the dismissal took effect (inclusive of weekends and public holidays)	LRA section 191(1)
Unfair labour practice	90 days from the date of the act or omission	LRA section 191(2)
Discrimination dispute	6 months from the date of the act complained of	Employment Equity Act 55 of 1998
Interpretation or application of a collective agreement	12 months	LRA section 24

Late filing is not automatically fatal — the CCMA can condone late referral under section 135(2A) of the LRA on the four-factor test (good cause, no unreasonable prejudice to the other party, strength of the case, reasonable prospects of success). Once conciliation has been scheduled, the CCMA must contact parties within 30 days of the referral with the date, time and venue of the first hearing. Where the statutory countdown is short, condonation work and Form 7.11 drafting run on the same clock — instruct early so the condonation narrative is fresh.

The Documents to Assemble Before the Day

The commissioner reads the bundle; the day goes to the side that has organised theirs. Bring the following, in a labelled bundle:

Document	Why it matters
LRA Form 7.11 (your copy) plus proof of delivery	Confirms the referral was lodged and the other party was properly served — a registered post slip, hand-delivery receipt, or email confirmation suffices
Employment contract	Establishes terms of employment and any contractual rights that bear on the dispute
Payslips and IRP5 / financial records	Vital for wage disputes, unpaid overtime, leave pay, severance, and benefit disputes
Disciplinary record, warnings, charge sheet and outcome letter	For misconduct or poor-performance dismissals — the full written record tells the story faster than oral recollection
Correspondence (emails, letters, SMS or WhatsApp screenshots with metadata)	Anything that records what was said or decided between the parties
Signed witness statements	A signed, dated statement from each person who saw or heard something relevant; bring the witness where possible, but the signed statement is your fallback
One-page chronology	Dates, events and the people involved — the commissioner uses it as a navigation aid and it speeds up facilitation
Ranked outcome wishlist	Specific compensation figure, neutral reference, re-engagement, withdrawal — decide your minimum acceptable outcome before you walk in

Disclosure speed matters. Withholding documents the commissioner has not been told about weakens any settlement that follows and can derail facilitation once the other side brings them up.

Who Attends, and Who Can Represent You

The applicant (or a representative) and the respondent both attend conciliation. Commissioners can hold the session in person, by telephone, or via an online digital platform — request a virtual or telephone attendance through the CCMA case administrator in advance if you cannot be there in person, because silence on the day triggers Rule 13 consequences.

Representation rules at conciliation are tighter than most people expect:

• Applicants may be represented by an official of a registered trade union; legal representatives are generally not permitted at conciliation.
• Respondents (employers) may be represented by an official of a registered employers’ organisation; legal representatives are generally not permitted at conciliation.
• Unrepresented parties may bring a friend or family member with the commissioner’s permission — ask before the day, not at the door.

At arbitration, the next stage, the representation rules differ — attorneys are sometimes permitted with the commissioner’s or other party’s consent, particularly in misconduct dismissals. Witnesses are not required at conciliation (statements suffice) but may be asked to attend if the commissioner determines their evidence is needed. Burger Huyser Attorneys’ Labour Law practice — led by specialist consultant Marius Ferreira — runs pre-filing eligibility reviews and Form 7.11 drafting for parties who would rather not navigate those permission rules on their own.

What the Commissioner Can Do If You or the Other Party Does Not Show Up

Non-attendance is treated seriously. Under Rule 13(1) and Rule 13(2) of the CCMA Rules, if a party fails to attend conciliation the commissioner may do one of three things:

1. Continue with the proceedings — proceed in the absent party’s absence, so the attending party puts its case on the record.
2. Adjourn conciliation to a later date — within the 30-day conciliation window, not beyond it.
3. Conclude by issuing a Certificate of Outcome — recording that the dispute remains unresolved.

The commissioner weighs five factors in choosing: whether the party previously failed to attend on that dispute; any reason given for the failure; whether conciliation can proceed effectively without that party; likely prejudice to the other party; and any other relevant factor. If the referring party fails to attend without withdrawing, the commissioner must issue the non-resolution certificate — this has no bearing on the merits but treats the matter as unresolved, with the same downstream 90-day arbitration window as if it had been heard. Where you genuinely cannot attend, communicate with the CCMA in writing before the date and ask for an adjournment or telephonic attendance; uncommunicated non-attendance is treated as non-attendance.

How the Day Runs in Practice

Conciliation is not a court hearing. The tone is less adversarial, the format more conversational, and the goal is settlement — performing the case as if it were arbitration wastes the facilitation window. The usual structure:

1. The commissioner introduces themselves, confirms the parties, explains the procedure, and reminds everyone that the discussion is without-prejudice.
2. Each party sets out its version of the dispute — this is the moment the document bundle and the one-page chronology earn their keep.
3. The commissioner typically moves between the parties, in private caucus or jointly, to identify common ground and surface settlement options.
4. If agreement is reached, the commissioner drafts the settlement (or adopts a draft the parties bring) and signs it; the agreement becomes a binding contract between employer and employee.
5. If not, the commissioner issues the Certificate of Outcome — the document you will need for the next stage.

Refusing to engage in the private caucus is one of the more common avoidable mistakes. The commissioner uses the caucus to test movement with each party; non-engagement signals that you would rather arbitrate, which costs time and fees that could have been saved at the table.

Settlement Agreement: What It Covers and What It Is Worth

A settlement concluded at conciliation is a binding contract — it cannot be reopened simply because one party has second thoughts. Common terms found across CCMA conciliation settlements:

Term	What it usually covers
Financial compensation	A lump sum in lieu of continued dispute, typically calibrated against the strength of the case and the cost of arbitration
Reinstatement or re-employment	Reinstatement restores the prior position; re-employment is a fresh engagement, often used where trust has broken down
Reference settlement	A neutral reference or specific reference wording that the applicant can use with future employers
Withdrawal	The applicant withdraws the dispute in exchange for a settlement sum or a reference, with no finding on the merits

Settlement agreements can be made an order of the Labour Court under section 158(1)(c) of the LRA — this converts the contract into a court order and makes it enforceable as if a court had granted it. Settlements reached at conciliation have no formal merits finding — which is often the strongest incentive for both sides to settle where the evidentiary picture is mixed.

If Conciliation Does Not Resolve the Matter — Next Steps

When conciliation ends without agreement, the commissioner issues the Certificate of Outcome. The date of the certificate is the start of your downstream clock:

• CCMA arbitration: file LRA Form 7.13 (Request for Arbitration) within 90 days of the certificate, using the same case number. Missing the 90-day window requires a condonation application measured against the same four-factor test as for late referral.
• Labour Court: certain disputes route directly to the Labour Court — automatically unfair dismissals under section 187 of the LRA (dismissals for union membership, whistle-blowing, and similar protected grounds), discrimination disputes under the Employment Equity Act, and disputes about the right to strike.
• Settlement after the certificate remains possible; commissioners will sometimes reopen conciliation if the parties signal movement.
• Review: arbitration awards are subject to Labour Court review under section 145 of the LRA on narrow grounds (commissioner misconduct, gross irregularity, exceeding powers, or an award improperly obtained) — review is not an appeal on the merits.

Costs, Fees and What’s Free

The CCMA publishes a schedule of fees distinguishing applicants above and below an income threshold. Always confirm the current figures at ccma.org.za before you file:

Item	What it costs
Referral by an applicant below the income threshold	Free of charge — no referral fee
Referral by an applicant above the threshold	The standard CCMA referral fee per the current published schedule
Condonation application (late referral or late arbitration)	No separate fee — it forms part of the referral or arbitration process
Arbitration (if the matter proceeds)	A separate arbitration fee applies per the published schedule
Bargaining council disputes	Filed with the council first; CCMA fees only apply if escalated to the CCMA after the council’s processes run

A few categories of dispute route outside the CCMA entirely — pure non-payment of wages is enforced through the Department of Employment and Labour’s Basic Conditions of Employment Branch rather than through conciliation, and large-scale retrenchments (section 189A of the LRA) require statutory consultation before any conciliation route is opened.

Common Mistakes That Cost Conciliations

Most conciliation failures are not failures of evidence; they are failures of preparation and tone:

• Treating conciliation like a court hearing. The commissioner is not an adjudicator; the goal is settlement.
• Missing the deadline and filing without a condonation request. The matter is at risk of being dismissed on procedural grounds before its substance is heard.
• Arriving without a chronology or a wishlist. Improvisation produces weak settlements; decide your walking-away figure before you walk in.
• Refusing to engage in the private caucus. The commissioner uses the caucus to test movement; non-engagement signals that you would rather arbitrate.
• Using without-prejudice concessions against the other side later. The without-prejudice rule protects the process; a breach can collapse a settlement.
• Withholding documents from the bundle. The commissioner will ask, and undisclosed documents weaken any settlement that follows.

A Preparation Checklist (Print-and-Bring)

1. LRA Form 7.11 copy plus proof of delivery
2. Identification (ID book or card) for the attending party
3. Employment contract and latest payslip
4. Disciplinary record, warnings, charge sheet and outcome letter (if applicable)
5. Relevant correspondence (emails, letters, SMS or WhatsApp screenshots)
6. Signed witness statements, with witness contact details for telephonic attendance
7. One-page chronology of dates, events and people involved
8. Ranked outcome wishlist, including your minimum acceptable outcome
9. A copy of any prior correspondence with the CCMA (case number, scheduling letter)
10. Calculator or device for working through financial options on the day

Conciliation Preparation Across Gauteng: Filing Channels and Firm Coverage

The CCMA’s Gauteng footprint runs through two principal regional offices — Johannesburg and Pretoria — with matters generally allocated to the office covering where the employee worked or where the disputed act occurred. Online filing through the CCMA’s portal is the most common initial route, and removes the need to attend a physical office until the conciliation hearing itself. Once scheduled, a conciliation is held at the regional office to which the matter was allocated, although commissioners can run the session in person, by telephone, or via an online digital platform.

For parties who would rather have a labour-law specialist manage the file, Burger Huyser Attorneys operates an eight-branch Gauteng network with a Labour Law specialist consultant, Marius Ferreira, handling CCMA and Bargaining Council matters. Johannesburg-side referrers can start the intake at the Linden head office (49 First Avenue, Linden, Randburg — 011 888 0246); Pretoria- and Centurion-based referrers can use the Pretoria/Menlyn branch (012 471 5700) or the Centurion branch (012 644 4990); Midrand referrers the Midrand branch (010 022 4082); Sandton referrers the Sandton branch (011 253 3080); Roodepoort referrers the Roodepoort branch (011 668 0030); Alberton referrers the Alberton branch (011 439 3990); and Bedfordview referrers the Bedfordview branch (011 201 7190). The CCMA’s online portal, the current Form 7.11, and the current fee schedule at ccma.org.za remain the authoritative starting points for any new filing.

Frequently Asked Questions

How long does CCMA conciliation take once the date has been set?

Most conciliations are completed in a single sitting and typically within an hour, although the case may not be called exactly at the time in your scheduling letter because the commissioner works through a list of matters. Complex matters can be adjourned within the 30-day conciliation window for further engagement.

Can I bring a lawyer to my CCMA conciliation?

Generally no — legal representatives are not permitted to appear for a party at CCMA conciliation. An applicant may be represented by an official of a registered trade union, and an employer by an official of a registered employers’ organisation. Unrepresented parties may ask the commissioner for permission to bring a friend or family member. Representation rules differ at arbitration, where attorneys are sometimes permitted with consent.

What does the commissioner actually do — does the commissioner decide who is right?

No. The commissioner facilitates settlement — helps the parties find common ground, proposes options, drafts any settlement, and (if there is no settlement) issues a Certificate of Outcome. The commissioner does not make findings of fact or determine the merits. The decision-making role belongs to arbitration, which only happens after conciliation fails.

What happens if my employer does not pitch up to conciliation?

Under CCMA Rule 13(1) and 13(2), the commissioner can continue with the proceedings, adjourn conciliation to a later date within the 30-day window, or conclude by issuing a Certificate of Outcome. If you are the referring party and you fail to attend without withdrawing, the commissioner must still issue the non-resolution certificate (this does not affect the merits of your case).

Do I need a Form 7.11 referral — and is there an LRA Form 7.13 for arbitration?

Yes — conciliation is initiated by filing LRA Form 7.11 with the CCMA (online via ccma.org.za, in person at a regional office, or by registered post). If conciliation fails and you want to proceed to arbitration, the next form is LRA Form 7.13 (Request for Arbitration), filed within 90 days of the Certificate of Outcome.

If we settle at conciliation, is the settlement legally binding?

Yes — once signed by both parties, the settlement is a binding contract, enforceable like any other contract. It can also be made an order of the Labour Court under section 158(1)(c) of the LRA, which converts it into a court order with full enforcement powers.

Can I reach a settlement that includes a reference letter — and how is that worded?

Yes — reference settlements are one of the most common terms agreed at conciliation. The wording is usually either a neutral reference (limited to confirmation of dates of employment and the job title) or a specific reference agreed by the parties. Agreement on the wording at the conciliation itself avoids the long argument that follows once an employer is left to draft it after the fact.

If you would rather have a labour-law specialist handle the file rather than prepare alone, Burger Huyser Attorneys’ Labour Law practice — led by specialist consultant Marius Ferreira — assists with the full preparation arc from pre-filing eligibility review and Form 7.11 drafting through to attending conciliation with you. Gauteng-based parties can book an initial consultation through their nearest branch — Johannesburg-side at the Linden head office on 011 888 0246, Pretoria-side at the Menlyn branch on 012 471 5700 or the Centurion branch on 012 644 4990, and at any of the firm’s other branches (Midrand, Sandton, Roodepoort, Alberton or Bedfordview) listed at burgerhuyserattorneys.co.za. Bring your contract of employment, payslips, the disciplinary record (if any) and any prior correspondence with the employer or the CCMA. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields this work alongside its general labour and employment practice.