What to Do When an Employee Takes You to the CCMA

Navigating a CCMA referral is rarely fun, but with the right mindset and preparation, you can handle it professionally and confidently. Here’s a warm, human guide to walk you through each step and what’s most important for you as an employer.

 1. The Referral Arrives    

Your CCMA journey begins when the employee (or ex-employee) refers a dispute using LRA Form 7.11 within strict time limits—typically 30 days for unfair dismissal or 90 days for unfair labour practices like discrimination.

Once filed, the CCMA sends both parties a notice of conciliation, including a date, time and venue, usually at least 14 days in advance.

What you should do:
Check you’ve updated the CCMA with your correct contact details, ideally including mobile numbers. Conciliation notices often arrive via email, fax, or SMS.

 2. Preparing for Conciliation   

A conciliation meeting isn’t a formal hearing—it’s a chance to resolve the dispute before it goes further. The better your preparation, the greater your advantage.

Gather all relevant documentation: contracts, warnings, emails—whatever sheds light on the issue. Review the referral form carefully and consider drafting a short written case summary for clarity.

Tip: Approach the conciliation with a settlement mindset. CCMA rules encourage conciliatory outcomes before escalation.

 3. The Conciliation Meeting   

This is your chance to sit down with the employee and the commissioner. It’s informal—no legal attire or court protocols. Your goal? Explore solutions and see if matters can be resolved amicably, whether it’s reinstatement, compensation, or another agreement.

If reconciliation succeeds, you both sign a sealed settlement agreement—case closed.

If not, you receive a certificate of non-resolution, which unlocks the next phase.

 4. From Conciliation to Arbitration   

Once a certificate is issued, either party can refer the case to arbitration using LRA Form 7.13, usually within 90 days.

Arbitration is much more formal. You’ll present witnesses, submit evidence, and make legal arguments. You can bring legal representation, though many employers opt for an experienced labour consultant instead.

 5. How to Prepare for Arbitration   

This is where extra preparation pays off. Organise documents into a clean bundle. Create witness summaries and ensure supporting employees are ready and available. A detailed statement of your case adds clarity and helps address legal and factual questions the commissioner may raise.

You should also prepare to challenge the jurisdiction or urgency of the matter, and aim to get ahead of any preliminary issues.

 6. The Arbitration Hearing   

On the day, a CCMA commissioner leads the proceedings in a formal, structured session. Both sides present their case, cross-examine witnesses, and summarize their arguments.

There’s no dress code, but professionalism is essential. The goal is to focus on facts and fair procedure—which often determines the outcome more than emotion.

Within 14 days, the commissioner issues a binding award—either in your favour, for reinstatement, compensation, or another remedy.

 7. After the Award   

If favourable, you’re most likely required to comply—if not, enforcement can be sought through the Labour Court. If not favourable, consider whether to take the award on review.

Final Word: Stay Prepared and Practical   

Facing CCMA isn’t fun, but it’s manageable with the right preparation. Start by regularly reviewing your HR policies and disciplinary practices. Train line managers on fair process. Gather and store records promptly—better safe than scrambling later.

And yes, when in doubt, engage professionals. A labour attorney or qualified consultant can make all the difference.

Need Support?   

At Chamlabour, we guide employers through every step of the CCMA process—from conciliation and arbitration to implementing the outcome.

By becoming a Chamlabour Member, you gain not only ongoing access to labour law updates but also full representation at CCMA hearings and arbitration. You’ll have a trusted advocate in your corner, committed to protecting your interests and supporting you through the entire process.

Stay prepared, stay supported, and stay ahead.
👉 Join Chamlabour today and let us handle the legal complexities—so you can focus on your business.