What Is an Example of Conciliation? | Practical Workplace and Legal Cases

Conciliation is a structured, voluntary settlement process in which a neutral third party — in South African workplace matters typically a commissioner appointed by the Commission for Conciliation, Mediation and Arbitration (CCMA) under the Labour Relations Act 66 of 1995 (LRA) — helps the parties to a dispute talk through their positions and try to reach a written settlement before any arbitration or litigation is needed. Concrete examples of disputes that go to conciliation include unfair-dismissal disputes, unfair-labour-practice disputes (for example, an unfair demotion or the unilateral withholding of a bonus), workplace discrimination claims, and mutual-interest disputes over wages or working conditions — each of these must first be referred to conciliation through the CCMA before the matter can be escalated to arbitration at the CCMA or, in some cases, to the Labour Court. The two possible outcomes at conciliation are a signed settlement agreement (which under section 158(1)(c) of the LRA is enforceable as if it were a Labour Court order) and a certificate of outcome that records the dispute as unresolved, which is the launching document for arbitration or court proceedings.

What Conciliation Actually Is (and What It Is Not)

Conciliation is a structured settlement process led by a neutral third party — the commissioner — rather than a hearing that produces a binding ruling on the merits of the dispute. The commissioner facilitates discussion, probes each side’s position, may caucus privately with each party, and can propose terms; the commissioner does not decide who is right or wrong. The most common forum in South Africa is the CCMA, which runs conciliation for unfair-dismissal, unfair-labour-practice, discrimination, and mutual-interest disputes under the LRA; sectoral bargaining councils and statutory councils run their own conciliation for parties within their scope.

Conciliation is mandatory before arbitration for unfair-dismissal disputes and for most unfair-labour-practice disputes referred under the LRA — the parties cannot jump straight to arbitration. That gateway position is what gives conciliation its practical weight: it is the last realistic opportunity for a negotiated outcome before a third party is asked to decide the case.

The Legal Framework in South Africa

Conciliation in South Africa is governed by the Labour Relations Act 66 of 1995, which sets out the powers of the CCMA, bargaining councils, and statutory councils to conciliate disputes. The most relevant sections for conciliation are set out below.

LRA Section	What it does for conciliation
Section 134	Gives a commissioner the power to summon witnesses, inspect documents, and hold the conciliation in private or in public.
Section 135	Requires the commissioner to attempt to resolve the dispute through conciliation before issuing a certificate of outcome; section 135(4) authorises costs orders against a party who fails to attend.
Section 158(1)(c)	Gives the Labour Court the power to enforce a settlement agreement reached at conciliation as if it were an order of court.
Section 186(2)	Defines an unfair labour practice, including an unfair demotion, the unilateral withholding of a bonus, and certain disciplinary-related conduct short of dismissal.
Section 191	Sets out the route for referring an unresolved unfair-labour-practice dispute to the Labour Court.
Sections 16 & 64	Govern refusal-to-bargain disputes and the link between conciliation of mutual-interest disputes and the right to a protected strike or lockout.

Discrimination-related conciliation sits alongside the Employment Equity Act 55 of 1998 and, where the discrimination claim is cross-referred, the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act). Wage-and-benefit allegations that arise in the course of an unfair-dismissal or unfair-retrenchment dispute may draw on the Basic Conditions of Employment Act 75 of 1997.

A Practical Example #1: Unfair Dismissal

A sales assistant is dismissed for alleged poor performance after a single verbal warning, no documented performance review, and no formal disciplinary hearing. The employee refers the dispute to the CCMA on Form 7.11 within 30 days of the dismissal — the standard LRA referral window, extendable only on condonation for reasonable cause.

The CCMA allocates a commissioner and sets a conciliation date, typically scheduled within a few weeks of receipt of the referral. At conciliation, each side presents its view: the employer leads evidence on the warnings and alleged poor performance; the employee argues the procedure was substantively and procedurally unfair. The commissioner probes each side, may caucus privately with the employer on a possible reinstatement offer, and works toward a settlement.

Typical unfair-dismissal settlements include: compensation in lieu of reinstatement, a neutral reference, and payment of outstanding notice pay. If a settlement is signed, it is enforceable as a Labour Court order; if not, the commissioner issues a certificate of outcome, which the employee can use to launch arbitration within 90 days.

A Practical Example #2: Unfair Labour Practice (Unfair Demotion)

A long-serving employee is moved from a managerial to a junior role without a valid operational reason and without consultation. This can constitute an unfair labour practice under section 186(2) of the LRA. The employee refers the dispute on Form 7.12 (the unfair-labour-practice referral form) within 90 days of the demotion.

At conciliation, both sides present their view. The commissioner works through possible remedies: return to the previous role, back-pay for the demotion period, compensation for the difference, or a negotiated exit. Without settlement, the certificate of outcome allows the employee to refer the dispute to the Labour Court under section 191 of the LRA within 90 days.

A Practical Example #3: Discrimination in the Workplace

An employee claims they were denied a promotion or a training opportunity on a prohibited ground — race, gender, disability, or religion — under the Employment Equity Act 55 of 1998. The dispute is referred to the CCMA and may cross-refer to the Equality Court, depending on the nature of the claim.

At conciliation, the commissioner explores whether a settlement is possible — for example, the grant of the disputed promotion, a compensatory payment, or a written undertaking from the employer to amend its promotion process. A signed settlement agreement is enforceable as a Labour Court order. Where conciliation fails and the matter proceeds to the Equality Court, the Equality Act provides its own remedies, including damages and declaratory relief.

Other Common Examples Heard at Conciliation

Beyond unfair dismissal, unfair demotion, and discrimination, conciliation routinely handles:

• Wage-and-benefit disputes, including alleged underpayment or failure to pay overtime in terms of the Basic Conditions of Employment Act 75 of 1997.
• Disputes over the interpretation or application of a collective agreement at the workplace or sectoral level.
• Refusal-to-bargain disputes under section 16 of the LRA, where one party refuses to meet and negotiate in good faith.
• Mutual-interest disputes (for example, a demand for a shorter working week) — conciliation is the stepping-stone to protected strike action or a lockout under section 64 of the LRA.

The Conciliation Process, Step by Step

1. The aggrieved party completes the appropriate CCMA referral form (commonly Form 7.11 for unfair dismissal, Form 7.12 for unfair labour practice) and lodges it with the regional CCMA office that covers the employee’s workplace.
2. The CCMA sets a conciliation date and notifies both parties in writing; both must attend — non-attendance can attract costs orders under section 135(4) of the LRA.
3. The commissioner opens the session, records the issues, and confirms the rules with each side.
4. Each side presents its view, documents, and any witnesses; the commissioner may break into a private caucus with each party.
5. The commissioner works through proposals; if both sides accept, the settlement is reduced to writing and signed by both parties and the commissioner.
6. If no settlement is reached, the commissioner issues a certificate of outcome recording that conciliation failed.

What the Outcome Looks Like

The two possible outcomes at conciliation carry very different downstream consequences:

Outcome	Effect
Signed settlement agreement	Enforceable as a Labour Court order under section 158(1)(c) of the LRA. Breach can be brought back to the Labour Court on contempt-of-court-type principles.
Certificate of outcome	Records only that conciliation did not produce a settlement. It is not a decision on the merits but is the launching document for the next step: arbitration within 90 days for unfair-dismissal disputes, a Labour Court referral under section 191 for unfair-labour-practice disputes, or an Equality Court filing if not already cross-referred.

Conciliation in Gauteng: Where CCMA-Conciliated Disputes Are Heard

Conciliation in South Africa is administered nationally by the CCMA, which is headquartered in Johannesburg and runs dedicated regional offices across Gauteng — Johannesburg (Braamfontein), Tshwane (Pretoria), Ekurhuleni (with a service point covering the East Rand), and the West Rand. Matters are usually allocated to the office nearest to where the employee physically works, not where the employer is headquartered, so a Centurion-based employee whose employer is based in Sandton would normally be conciliated through the Tshwane CCMA office. Each regional office follows the same statutory process under sections 134 and 135 of the LRA, with its own roster of part-time commissioners appointed under the CCMA’s national accreditation system.

CCMA conciliations are private by default unless both parties agree to a public hearing, and they take place in a boardroom at the relevant CCMA regional office rather than a courtroom. Where a workplace spans borders — for example, a dismissal issued by an employer in Sandton to an employee who actually works from Centurion or Midrand — the question of which regional office has jurisdiction can be raised at the opening of the conciliation, but the default allocation is normally the office covering the employee’s physical workplace. Anyone preparing for conciliation should confirm the venue on the CCMA’s notification letter before the date and arrive with a paginated bundle of the documents they intend to rely on.

Frequently Asked Questions

Is conciliation the same as mediation?

Not exactly. Conciliation is led by a commissioner who may take a more active role in proposing settlement terms; mediation is usually a more facilitative, less prescriptive process. In South African labour practice the terms are often used together because CCMA conciliators also mediate, but legally conciliation (governed by the LRA) is the formal step that must happen before arbitration can be launched for unfair-dismissal disputes, and that gateway effect is what distinguishes it from voluntary mediation.

Does an employee have to attend conciliation?

Yes. Non-attendance at a scheduled CCMA conciliation can result in a costs order against the absent party under section 135(4) of the LRA, and the dispute can be resolved in favour of the attending party by default. Where attendance is genuinely impossible (illness, distance), a representative with proper authority to settle can attend on the party’s behalf.

How long does a CCMA conciliation take?

The LRA contemplates that conciliation should be dealt with within 30 days of referral. In practice, simple unfair-dismissal conciliations resolve in a half-day to a full day, while complex multi-party matters with extensive documents can run across several sittings.

What happens if conciliation fails?

The commissioner issues a certificate of outcome recording the dispute as unresolved. The next step depends on the type of dispute: unfair-dismissal disputes proceed to CCMA arbitration within 90 days; unfair-labour-practice disputes can be referred to the Labour Court under section 191 of the LRA; discrimination claims may be filed in the Equality Court under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.

Are settlement agreements reached at conciliation legally binding?

Yes. Under section 158(1)(c) of the LRA, a settlement agreement signed at conciliation can be enforced as an order of the Labour Court, which means breach of the settlement can attract contempt-of-court-type consequences rather than only an ordinary breach-of-contract claim.

Can a conciliation outcome be appealed?

A signed settlement agreement is final and enforceable. A certificate of outcome itself is not appealable — it is a procedural record that opens the door to arbitration or Labour Court proceedings and does not decide the merits of the dispute.

Which CCMA regional office handles a Centurion-based employee?

The Tshwane CCMA regional office covers Centurion-based matters. Employees based in Midrand generally use the Tshwane or Johannesburg office depending on allocation. The CCMA allocates by the employee’s actual workplace address on the referral form, so the notification letter should confirm the venue.

If you have received a dismissal letter, a disciplinary outcome, or notice of a workplace dispute and want to understand what happens at a CCMA conciliation before the date, contact Burger Huyser Attorneys‘ labour-law intake on 011 888 0246 (Randburg head office) or 011 668 0030 (Roodepoort branch). The firm’s labour-law consultant Marius Ferreira fields dismissal, unfair-labour-practice, and disciplinary-hearing instructions across Gauteng and can review the referral paperwork, prepare the bundle for conciliation, and attend the conciliation with you. Reach out as soon as the dismissal letter or the disciplinary outcome is communicated — the CCMA referral deadlines are 30 days for unfair dismissal and 90 days for unfair labour practice under the LRA 66 of 1995, and missing them can extinguish the claim entirely.