What Information Is Needed to Refer a Matter to the CCMA?

Referring a matter to the CCMA requires the employee to complete LRA Form 7.11 and lodge it with the CCMA regional office that has jurisdiction over the area where the employee works, together with a copy served on the employer. The form itself must capture the identifying details of both parties, the date the dispute arose, the type of dispute being referred (typically unfair dismissal or unfair labour practice), a concise description of what happened, and the remedy being sought. The referral must reach the CCMA within 30 days of the date the dispute arose — or, if lodged late, accompanied by a written application for condonation explaining why the delay should be excused. Failing to lodge within 30 days does not automatically end the claim, but it does require a formal explanation and the CCMA’s permission to proceed.

What “Referring a Matter to the CCMA” Actually Means

A CCMA referral is the formal step that opens a CCMA file. It is not the same as phoning the CCMA for advice, and it is not the same as filing in the Labour Court (which is a later stage if conciliation and arbitration do not resolve the matter). The referral is governed by section 135 of the Labour Relations Act 66 of 1995 (LRA), read together with the rules for the conduct of proceedings before the CCMA, and is lodged on the prescribed LRA Form 7.11.

The CCMA only has jurisdiction over disputes that the LRA assigns to it. The categories that come up most often are:

• Unfair dismissal disputes under section 188 of the LRA
• Unfair labour practice disputes under section 186(2)
• Disputes about severance pay under section 196
• Certain retrenchment-related disputes
• Disputes referred under collective agreements where the agreement routes the matter to the CCMA

Other employment disputes — for example, a pure contractual claim for unpaid wages after resignation — do not necessarily belong at the CCMA and may sit in the civil courts or the Labour Court depending on the amount in issue.

The 30-Day Rule: When the Referral Has to Be Lodged

An unfair-dismissal or unfair-labour-practice dispute must be referred to the CCMA within 30 days of the date it arose. For a dismissal, that date is ordinarily the date of dismissal; for an unfair-labour-practice referral, it is the date of the conduct complained of. This 30-day deadline anchors the entire process and is the single most common procedural reason a CCMA claim fails.

Other categories have their own timeframes, and the headline “30-day rule” sits alongside a few exceptions worth noting:

Type of dispute	LRA section	Timeframe
Unfair dismissal	Section 188	30 days from date of dismissal
Unfair labour practice	Section 186(2)	30 days from the act complained of
Severance pay	Section 196	12 months from termination
Fixed-term contract non-renewal (treated as dismissal)	Section 186(1)(b)	30 days from non-renewal

If the 30-day deadline has already passed, the referral is not automatically out of time. The employee can still lodge — but only together with a formal written application for condonation, asking the CCMA to accept the late referral. The applicant must show good cause for the delay and must bring the application as soon as is reasonably practicable after becoming aware of the delay.

Where to Lodge the Referral: Forum Selection and Jurisdiction

Most employment disputes are referred to the CCMA, but some sectors fall under a registered bargaining council with primary jurisdiction. The metals, motor, hospitality, and clothing sectors are among the most commonly encountered. The first information-requirement step — before filling in any form — is therefore confirming which forum actually has jurisdiction.

Lodging at the wrong forum can cost the employee the 30-day window. A transfer between CCMA regional offices is usually straightforward, but a referral lodged at the CCMA when a bargaining council has jurisdiction may mean the 30-day window is already lost by the time the employee re-lodges at the correct forum.

For Gauteng-based employees, the relevant CCMA regional offices are:

• Gauteng South — Johannesburg, the East Rand, and the Vaal
• Gauteng North — Pretoria and the broader Tshwane area
• Ekurhuleni — the Ekurhuleni metro

The CCMA regional office is determined by where the employee works, not by where the employer is headquartered.

The Information Checklist — What Form 7.11 Asks For

Form 7.11 is the prescribed referral form under the LRA. The form itself sets out what the CCMA needs in order to open a file and schedule conciliation. The required information falls into seven categories:

Category	What the form requires
Employee identifying details	Full names, ID number, contact details, position held, and the physical address where the employee worked
Employer identifying details	Registered name, trading name, registered business address, contact details of the person authorised to accept service, and the employer’s CCMA registration number if known
Date the dispute arose	The date of dismissal, or the date of the conduct complained of in an unfair-labour-practice referral — this date anchors the 30-day calculation
Type of dispute	The LRA category being invoked (typically unfair dismissal under section 188, or unfair labour practice under section 186(2))
Description of the dispute	A concise factual narrative of what happened, written in plain language, identifying dates, places, and people involved
Relief sought	The specific outcome the employee wants — reinstatement, re-employment, compensation, back pay, severance, and so on
Signature	Signed by the employee or their authorised representative; an attorney’s signature triggers the automatic right to representation at the arbitration stage

The description of the dispute is where most self-filed referrals go wrong. The form is not the place for argument or legal submissions — it is the place to set out the facts in chronological order, plainly, so that the commissioner at conciliation immediately understands what is being alleged.

Supporting Documents to Attach (Annexures)

Form 7.11 allows supporting documents to be attached as annexures. The CCMA does not require every document on this list, but the documents most commonly filed — and most useful at conciliation — are:

• Letter of dismissal or termination, if any
• Contract of employment and any relevant addenda
• Disciplinary code and procedure
• Written warnings or notifications of misconduct, where relevant to an unfair-dismissal referral
• Payslips and an IRP5 or certificate of earnings, where a financial remedy is claimed
• Correspondence between the employee and the employer about the dispute — emails, letters, WhatsApp exchanges printed out
• Where condonation is sought for a late referral, a supporting affidavit setting out the reasons for the delay

Take copies and keep the originals. The CCMA keeps the file; the employee keeps the originals.

What Happens After the Referral Is Lodged

Once Form 7.11 is lodged, the CCMA allocates a case number, schedules a conciliation hearing (usually within 30 days), and notifies both parties of the date, time, and venue. From that point the matter runs through a defined sequence of procedural stages.

Stage	What happens
Conciliation	Confidential meeting conducted by a CCMA commissioner; the commissioner tries to secure a settlement but cannot impose one
Post-conciliation election	If conciliation does not resolve the dispute, the employee may elect to refer the matter to arbitration, typically within 90 days of the date conciliation was completed
Arbitration	A more formal hearing on the merits before a CCMA commissioner, who issues a binding arbitration award
Labour Court review	If arbitration still does not resolve the matter, the Labour Court is the next step — review of the arbitration award, not a re-hearing

When It Is Worth Getting a Lawyer Involved

A referral itself is straightforward and can be lodged by the employee personally on Form 7.11. A lawyer adds value at three specific points in the process:

1. Framing the description of the dispute on the form so the commissioner immediately understands the legal issue.
2. Representing the employee at arbitration, where the right of representation is automatic if a legal practitioner signed the referral form.
3. Drafting and arguing a condonation application where the 30-day window has already passed.

For unfair-dismissal claims, the most common practical question — whether the dismissal was substantively and procedurally fair — is a legal question that turns on the employer’s evidence at arbitration. Employees often benefit from advice before electing arbitration rather than after.

Burger Huyser Attorneys fields CCMA-related work through specialist labour-law consultant Marius Ferreira, with intake across the firm’s Gauteng branches. Most employees will still file Form 7.11 themselves, but framing the dispute and handling the condonation application are exactly the points where this kind of work matters.

Frequently Asked Questions

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

An unfair-dismissal dispute must be referred to the CCMA within 30 days of the date of dismissal. A late referral is possible only with a written condonation application showing good cause for the delay; the employee must bring the application as soon as reasonably practicable after becoming aware of the delay.

Can I refer a matter to the CCMA without a lawyer?

Yes — the referral itself can be lodged personally on Form 7.11, and most employees file the form themselves. The right to legal representation at conciliation depends on the parties consenting or the commissioner granting permission; at arbitration, the right is automatic if a legal practitioner signed the referral form.

What happens if I lodge the referral at the wrong regional office?

The CCMA may transfer the file to the correct regional office, but a transfer costs time. Filing at the wrong forum entirely — for example, lodging a metals-sector dispute at the CCMA when there is a registered bargaining council with jurisdiction — can mean the 30-day window is already lost by the time the employee re-lodges at the correct forum. Confirm jurisdiction first.

What is the difference between the CCMA and the Labour Court?

The CCMA runs conciliation and arbitration; the Labour Court is a sitting of the High Court that reviews arbitration awards and hears certain disputes (such as interdicts and strikes) directly. The CCMA is the first stop — the Labour Court comes later, if at all.

What is Form 7.11?

Form 7.11 is the prescribed referral form under the LRA for disputes lodged with the CCMA. It captures the parties’ details, the date and type of dispute, the factual narrative, and the relief sought; it is the document that actually opens the CCMA file.

Most employees can lodge a CCMA referral themselves on Form 7.11, but the right of legal representation — and the value of getting advice on framing the dispute before the 30-day window closes — often makes a difference. Burger Huyser Attorneys fields CCMA-related work through specialist labour-law consultant Marius Ferreira, with intake across the firm’s Gauteng branches (the Linden head office on 011 888 0246 is the general point of contact). The firm assists with condonation applications where the 30-day window has already passed, with framing the description of the dispute on Form 7.11, and with representation at arbitration. If a CCMA matter is heading toward arbitration — or a referral is already late — contact the firm to talk through the options.