CCMA referral time limits and first steps

CCMA guidance states that unfair dismissal disputes generally need to be referred within 30 days of the date of dismissal, or within 30 days of the employer’s final internal appeal outcome if that date is later.

The CCMA also states that unfair labour practice disputes are generally referred within 90 days of the act or omission that gave rise to the dispute. Because deadlines matter, waiting to ‘see what happens’ can create unnecessary risk.

The CCMA states that a referral for conciliation is made using Form LRA 7.11. The official CCMA FAQ also notes that referrals may be made through the CCMA online application platform.

Before filing, it helps to prepare a short chronology, the relevant dismissal or disciplinary documents, and any correspondence that may help explain the dispute clearly.

According to the CCMA, the commission must attempt to conciliate the dispute within 30 days after receiving the referral unless the period is lawfully extended. Conciliation is not the same as a final hearing on the merits.

If the matter remains unresolved, the next step may depend on the type of dispute. Some disputes proceed to arbitration, while others may go to the Labour Court.

If a referral is late, a condonation application may be required. Whether condonation is granted depends on the circumstances and should not be assumed.

Employers and employees both benefit from early preparation. A clear version, proper documents and awareness of the correct deadline can materially affect the process.