Step By Step Guide On How to Refer a Matter to the CCMA in South Africa

The Commission for Conciliation, Mediation, and Arbitration (CCMA) is a pivotal institution in South Africa’s labor landscape, offering a streamlined process for resolving workplace disputes. If you believe your rights as an employee or employer have been violated, you may need to refer your matter to the CCMA. 

Step 1: Determine If Your Case Falls Within the CCMA’s Jurisdiction

Before referring a matter to the CCMA, ensure your case is eligible. The CCMA handles disputes related to:

  • Unfair dismissals.
  • Unfair labor practices.
  • Retrenchments.
  • Wage disputes.
  • Workplace discrimination and harassment.
  • Collective bargaining disagreements.

If you’re uncertain, consult legal experts like Burger Huyser Attorneys for guidance.

Step 2: Complete the CCMA Referral Form (LRA Form 7.11)

The referral process begins with completing the LRA Form 7.11 (the official CCMA referral form). This form requires specific details, such as:

  • Your personal information (name, contact details, etc.).
  • The employer’s details.
  • A clear description of the dispute.
  • The outcome you’re seeking.
  • Dates and timelines relevant to the case.

Ensure the information is accurate and complete, as errors can delay the process.

Step 3: Submit the Referral Form

Once the form is completed, submit it to the CCMA office in your region. You can deliver the form in person, via email, or through registered mail.

Important: A copy of the referral form must also be served on the opposing party (e.g., your employer). This can be done in person, via email, or through registered mail. Keep proof of service, such as a delivery receipt or acknowledgment email.

Step 4: Adhere to the Time Frames

Timing is critical when referring a matter to the CCMA. Key deadlines include:

  • Unfair dismissal claims: Must be referred within 30 days of the dismissal.
  • Unfair labor practice claims: Must be referred within 90 days of the incident.
  • Other disputes: Specific time frames may apply based on the nature of the case.

If you miss the deadline, you’ll need to apply for condonation, providing a valid reason for the delay. An experienced attorney can assist with this process.

Step 5: Attend the Scheduled Proceedings

After receiving your referral form, the CCMA will schedule a conciliation meeting. Both parties will be invited to attend, with the aim of resolving the dispute amicably. If conciliation fails, the case may proceed to arbitration.

What to Bring to the CCMA Hearing:

  • A copy of your referral form and proof of service.
  • Any relevant documentation (e.g., employment contract, payslips, dismissal letter).
  • Witnesses or witness statements, if applicable.

Step 6: Prepare for Arbitration (If Necessary)

If conciliation does not result in an agreement, the next step is arbitration. During arbitration, a CCMA commissioner will hear both sides of the dispute and issue a binding decision. Preparation is crucial, and having legal representation can significantly strengthen your case.

Tips for a Successful Referral

  1. Seek Legal Advice Early: Consulting with experienced attorneys can ensure you follow the correct procedures and build a strong case.
  2. Be Organized: Keep all relevant documents and correspondence well-organized and readily available.
  3. Be Professional: Maintain a respectful and cooperative attitude during CCMA proceedings.

Why Choose Burger Huyser Labour Lawyers?

Referring a matter to the CCMA can be a complex process, but you don’t have to navigate it alone. At Burger Huyser Attorneys, we specialise in labour law and are dedicated to protecting your rights. From drafting referral forms to representing you at hearings, we provide comprehensive support every step of the way. For personalised assistance with your CCMA referral, reach out to Burger Huyser Attorneys today. Let us help you achieve the justice you deserve.

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 4699Bedfordview call 061 536 3223

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