Preparing for CCMA Hearings: A Guide for Employers

Helping South African employers navigate labour disputes confidently 

If you’ve received a referral to the CCMA (Commission for Conciliation, Mediation and Arbitration), you’re not alone. Every year, thousands of employers across South Africa are called to answer disputes over dismissals, unfair labour practices, and workplace conflict.

But for many small business owners or HR managers, the CCMA can feel intimidating — especially if it’s your first time. The good news? With the right preparation, you can protect your business and approach the hearing with confidence.

What is the CCMA and Why Might You Be There?   

The CCMA is an independent body that helps resolve disputes between employers and employees. It is most commonly used for:

• Unfair dismissal cases

• Unfair labour practice claims

• Discrimination or harassment allegations

• Retrenchment disputes

Employees can approach the CCMA at no cost, which makes it a popular route for grievances.

The Two Phases: Conciliation and Arbitration   

A CCMA case typically unfolds in two stages:

1. Conciliation  

This is the first, informal step where a commissioner tries to help both parties reach a mutual agreement. It’s private, off-the-record, and often resolves the matter without needing a formal outcome.

If no agreement is reached, the dispute moves to arbitration.

2. Arbitration  

This is more formal — like a mini court. Both parties present evidence and arguments, and the commissioner issues a binding decision. Arbitration can result in compensation, reinstatement, or dismissal being upheld.

How Employers Should Prepare   

Proper preparation can make or break your case. Here’s how to get ready:

1. Understand the Referral  

Check the CCMA referral form (Form 7.11) to understand:

• What the dispute is about (dismissal, unfair treatment, etc.)

• Whether it’s set for conciliation, arbitration, or both

• The scheduled date and time

2. Gather Documentation  

Have all relevant records ready:

• Employment contract

• Disciplinary records or warnings

• Dismissal notice and hearing outcome

• Witness statements

• Payslips or performance reports

Being organised shows the commissioner that your business followed a fair process.

3. Know the Law  

The commissioner will test whether your actions were procedurally and substantively fair. That means:

• Was the employee given a fair hearing?

• Was there a valid reason for the dismissal or disciplinary action?

Employers who skip proper procedure — even if they had a good reason — often lose.

4. Be Prepared to Explain  

Whether at conciliation or arbitration, you’ll need to:

• Clearly present your version of events

• Answer questions from the commissioner

• Respond to the employee’s claims

• Defend your decision using facts and policy

Stay calm, professional, and stick to the facts.

5. Consider Representation  

While legal representation is restricted at some stages of the CCMA process, you are allowed a labour consultant to assist, help prepare documents, or even represent you in certain cases.

This can be a game-changer — especially if you’re not sure what to expect.

What If You Lose the Case?   

If the decision goes against you, you may be ordered to:

• Reinstate the employee

• Pay compensation (up to 12 months’ salary in dismissal cases)

• Correct unfair practices

That’s why preparing properly and seeking help early is essential.

Supporting You Through the CCMA Process 

We’ve guided countless businesses through the CCMA process — from the first referral letter to representation in arbitration.

Our support includes:

• Reviewing your case and documents

• Preparing your evidence and argument

• Representing you at conciliation or arbitration

• Advising on strategy to reduce risk and exposure

We help employers act fairly, but firmly — and keep control of their business throughout.

💬 Get Support, Stay Compliant  

Don’t go to the CCMA alone. Our monthly retainers give you access to CCMA representation, disciplinary hearings, retrenchment guidance, HR support, and more — all from experienced consultants who speak the language of South African labour law.

👉 Explore our services