Areas of Practice > Commercial Law > Labour Dispute Resolution > CCMA Unfair Dismissal

A CCMA unfair dismissal dispute in South Africa moves quickly and is often decided by what happens in the first few days. The documents you keep, the timeline you record, and how you prepare for conciliation and arbitration can determine the outcome long before a commissioner issues an award.

This guide explains the CCMA unfair dismissal process in South Africa in practical, step-by-step terms, including the key deadlines, the referral forms (LRA 7.11 and LRA 7.13), what happens at conciliation, how con-arb works, and what employers and employees should prepare immediately.

Disclaimer: This page is general information, not legal advice for your specific matter. If you need advice for your situation, contact us for a consultation.

Quick answer: what to do in the first 30 days

For an unfair dismissal dispute, the immediate risk is missing the referral period. The CCMA states that unfair-dismissal disputes are generally referred within 30 days, usually using LRA Form 7.11. If the referral is late, condonation may be needed, which adds risk.

• Identify the final dismissal date or the date the employer upheld the dismissal after appeal.
• Complete, serve and file the LRA 7.11 referral with proof of service.
• Preserve the contract, payslips, disciplinary records, notices, messages, policies and witness details.
• Separate substantive fairness from procedural fairness so the case is not argued vaguely.
• If you are the employer, lock down the record immediately and prepare the reason, process and witnesses.

Official starting points: the CCMA’s unfair dismissal guidance and LRA Form 7.11. For related disputes, see unfair labour practice at the CCMA and disciplinary hearing questions and answers.

What the CCMA is (and what it can and can’t do)

The CCMA (Commission for Conciliation, Mediation and Arbitration) is a statutory dispute-resolution body for labour disputes. In dismissal matters, the CCMA’s role is usually:

• Conciliation (a settlement-focused meeting facilitated by a commissioner), and if not settled:

• Arbitration (a formal hearing where evidence is led and an award is issued)

Important limitations:

• Not every dismissal dispute ends at the CCMA. Some matters must be referred to the Labour Court (for example, certain automatically unfair dismissals or large-scale retrenchment disputes).

• Bargaining councils may have jurisdiction instead of the CCMA for some sectors.

If you are unsure whether your matter belongs at the CCMA or a bargaining council, that jurisdiction decision matters because it can affect timelines and outcomes.

Unfair dismissal vs unfair labour practice (know the difference)

Many people use “unfair dismissal” as a general phrase, but the CCMA treats disputes differently depending on the category:

Unfair dismissal

This concerns termination of employment (including constructive dismissal, dismissal for misconduct, incapacity, operational requirements, etc.). The referral deadline is usually the strict one.

Unfair labour practice (ULP)

This is unfair treatment short of dismissal, such as certain disputes about:

• suspension,

• demotion,

• promotion,

• benefits,

• certain disciplinary actions short of dismissal.

The referral deadline is typically different (and often longer) than unfair dismissal.

If your case is borderline (for example, a resignation you say was forced), it is vital to frame it correctly and support it with evidence.

Deadlines that matter (do not ignore these)

Deadline 1: Referring an unfair dismissal dispute (usually 30 days)

For most unfair dismissal disputes, you generally have 30 days to refer the dispute for conciliation.

If you refer late, you usually need to file a condonation application explaining:

• why you are late,

• prospects of success,

• prejudice to each side,

• and overall fairness.

Deadline 2: Referring an unfair labour practice (often 90 days)

If it is an unfair labour practice dispute, the timeframe is generally 90 days from the act or omission complained of.

Deadline 3: Referring the dispute to arbitration (commonly 90 days after conciliation outcome)

If the dispute is not resolved at conciliation, there is typically a further deadline to request arbitration (often using Form LRA 7.13).

Deadlines can be nuanced (especially when certificates are issued late or the 30-day conciliation period expires). If timing is tight, get advice quickly.

Step-by-step: CCMA unfair dismissal process (the practical workflow)

This step-by-step overview focuses specifically on CCMA unfair dismissal disputes and the procedural requirements that apply to them.

Step 1: Record the facts immediately (same day, ideally)

Whether you are the employee or employer, write down:

• the date and time of the dismissal (or final decision),

• who delivered the dismissal decision,

• what reasons were given,

• whether there was a hearing, warnings, or an appeal,

• what documents exist and where they are.

These facts become the backbone of your referral and your evidence later.

Step 2: Gather documents that prove the story

At minimum, try to obtain:

• contract of employment and job description

• payslips and proof of remuneration structure (salary, commission, benefits)

• disciplinary notices, warnings, hearing minutes, outcome letters

• emails, WhatsApp messages, performance reviews, instructions

• policies and procedures (disciplinary code, grievance policy, attendance policy)

• proof of service of documents (especially for the referral)

Employers should preserve the complete record. Employees should store copies outside company systems if access may be cut off.

Step 3: Complete Form LRA 7.11 (referral for conciliation)

To open a CCMA case, you generally complete LRA Form 7.11 (referral of dispute for conciliation). This includes:

• parties’ details,

• nature of dispute,

• dates,

• outcome sought (reinstatement, compensation, etc.),

• and confirmation that the other party was served.

Practical tips:

• Use consistent names and registration details (employer legal entity name matters).

• Ensure the dismissal date is correct.

• Be careful not to contradict the documents you attach later.

Step 4: Serve the other party (and keep proof)

A common failure point is service. You must generally provide proof that the referral was served on the other party. Keep:

• email delivery confirmation / sent email plus attachments,

• fax confirmation (if used),

• proof of hand delivery, or

• courier proof of delivery.

If service is defective, the matter can be delayed or challenged.

Step 5: File the referral with the CCMA (or bargaining council)

Once completed and served, file the referral with the CCMA (or the relevant bargaining council). The CCMA will allocate:

• a case number,

• and a set-down notice for conciliation (date/time/venue or online platform details).

Step 6: Conciliation (settlement-focused)

Conciliation is typically less formal than arbitration. The commissioner will try to facilitate settlement. Evidence is usually not led like a trial, but you should be prepared with:

• a concise timeline,

• the key documents,

• your settlement position (and authority to settle).

Typical conciliation outcomes:

• settlement agreement (often with confidentiality / non-admission clauses),

• withdrawal,

• or certificate of outcome indicating the dispute is unresolved.

Step 7: Con-arb (conciliation and arbitration on the same day) where applicable

Some disputes are set down for con-arb, meaning conciliation happens first, and if unresolved, arbitration may immediately follow.

In certain cases, a party (often the employer) may object to con-arb by delivering a written objection in time (rules and exceptions apply, including certain probation-related disputes).

If you are scheduled for con-arb, treat it as if you may be going straight into arbitration that day. That means witnesses, bundles, and preparation must be ready upfront.

Step 8: If unresolved, request arbitration (Form LRA 7.13)

If the dispute is not resolved at conciliation, the referring party usually must request arbitration by completing LRA Form 7.13 within the applicable timeframe.

At arbitration:

• witnesses testify under oath/affirmation,

• documentary evidence is presented,

• legal argument is made,

• and the commissioner issues an arbitration award.

What “unfair dismissal” means in practice (what commissioners look at)

Most unfair dismissal cases come down to two core questions:

1) Substantive fairness: Was there a fair reason to dismiss?

Depending on the type of dismissal, the focus might include:

• misconduct: rule, knowledge, breach, consistency, gravity, sanction

• poor performance: clear standards, counselling, opportunity to improve, support

• incapacity/illness: medical evidence, accommodation, alternatives

• retrenchment: consultation process, selection criteria, alternatives considered

2) Procedural fairness: Was the process fair?

Typically:

• notice of allegations,

• reasonable time to prepare,

• opportunity to be heard,

• representation rights where applicable,

• impartial chairperson (or at least fair process),

• written outcome with reasons,

• appeal process (where provided)

A strong case usually has both a coherent reason and a clean process.

Employer playbook: what to do immediately when you receive a CCMA referral

If you are an employer and a CCMA referral arrives, do not treat it as “just a formality.” Employers lose cases because they respond too late, misplace records, or underestimate procedural defects.

Within 24–48 hours, do this:

1. Create a case file and lock down records (emails, WhatsApps, CCTV if relevant).

2. Identify the dismissal category (misconduct, incapacity, operational requirements, etc.).

3. Reconstruct the timeline and list your witnesses.

4. Gather:

   • contract and policies,

   • warnings and hearing documents,

   • outcome letter and appeal record,

   • attendance records, performance records, training records,

   • comparator cases for consistency.

5. Decide your settlement strategy early:

   • If reinstatement risk is high, settlement may be commercially rational.

   • If process was strong, you can defend more confidently.

Common employer mistakes

• No proper minutes or outcome letter

• Inconsistent discipline (treating similar misconduct differently without justification)

• Skipping progressive discipline where it is required

• Poor performance dismissals without documented counselling and time to improve

• Retrenchments without meaningful consultation and alternatives

Employee playbook: what to do immediately after dismissal

If you are an employee, act fast and keep everything.

Within 24–48 hours, do this:

1. Save your documents and communications (outside the employer’s systems).

2. Write a dated timeline: what happened, who said what, and when.

3. Identify the core unfairness:

   • no hearing / no chance to respond,

   • false allegations,

   • inconsistent discipline,

   • retaliation or victimisation,

   • discrimination or automatically unfair basis (if applicable).

4. Obtain proof of earnings (payslips, bank statements) to support compensation calculations.

5. Avoid emotional or aggressive messages to the employer. Keep communication factual.

Common employee mistakes

• Missing the 30-day referral window

• Referring the wrong dispute type (dismissal vs ULP)

• Contradicting the documents with informal versions of the story

• Arriving at conciliation without any documents or settlement plan

CCMA unfair dismissal arbitration: what to expect and how to prepare

In a CCMA unfair dismissal arbitration, commissioners focus closely on procedural fairness, consistency, and the credibility of documentary evidence.

Arbitration is closer to a court hearing than conciliation. Preparation should include:

Evidence bundle

• Organised, numbered, paginated bundle

• Chronological order (where possible)

• Clear “key documents” flagged

Witness preparation

• Identify who has first-hand knowledge

• Prepare witness chronology and key points

• Avoid coaching a witness into a story; focus on accurate recollection and consistency

Legal themes

Even if you do not use a lawyer, your case should have a clear structure:

• What rule / standard applied?

• What happened in fact?

• Why was dismissal fair/unfair on substance?

• Why was the procedure fair/unfair?

• What remedy is appropriate?

Remedies in a CCMA unfair dismissal dispute

Depending on the case, possible outcomes include:

• Reinstatement (often the primary remedy if dismissal was unfair)

• Re-employment (employment restored on adjusted terms in some cases)

• Compensation (amount depends on circumstances and statutory limits)

The remedy is not automatic; it depends on facts, fairness, and practicality.

When you should speak to a labour lawyer

Consider getting legal assistance if any of the following are true:

• The matter involves senior employees, high remuneration, or reputational risk

• The dismissal is linked to allegations of dishonesty, harassment, violence, or serious misconduct

• The process has defects and you need damage control

• There is a jurisdiction dispute (bargaining council vs CCMA vs Labour Court)

• You have multiple witnesses and significant documentary evidence

• You are facing a con-arb and may go straight into arbitration

If you want help, we can advise you on strategy, prepare your papers, and represent you at conciliation and arbitration.

Book a consultation with us

FAQs: CCMA unfair dismissal (South Africa)

How long do I have to refer an unfair dismissal dispute to the CCMA?

In most cases, you generally have 30 days from the date of dismissal (or the employer’s final decision to dismiss) to refer the dispute for conciliation. If late, you will usually need a condonation application.

What form do I use to open a CCMA case for unfair dismissal?

Most unfair dismissal disputes are referred on LRA Form 7.11 (referral for conciliation).

Do I have to serve the CCMA referral on the employer?

Yes. Service and proof of service are critical. Keep proof that the referral was delivered to the employer (or employee, if you are the employer referring a dispute).

What happens at CCMA conciliation?

Conciliation is a settlement process facilitated by a commissioner. The commissioner assists the parties to resolve the dispute. If unresolved, a certificate is issued and the dispute may proceed to arbitration (where applicable).

What is con-arb at the CCMA?

Con-arb is conciliation followed immediately by arbitration on the same day (in certain disputes). Some parties can object within the applicable timeframe and rules, but exceptions may apply.

What form is used to request arbitration?

Arbitration is usually requested using LRA Form 7.13, within the applicable timeframe after conciliation is unsuccessful.

Can the CCMA reinstate me?

Yes, depending on the facts. Reinstatement is often the primary remedy where dismissal is found to be unfair and reinstatement is reasonably practicable.

Should I accept a settlement at conciliation?

It depends on the strength of your case, the risks, the remedies sought, and practical factors (time, cost, and evidence). A labour lawyer can help you evaluate a settlement proposal against likely outcomes.

Book a consultation with us

Further and recommended reading:

Arbitration Clause in Sale Agreements
How to remove a director who is also an employee
ConCourt to rule on ‘absolute right’ of inheritance
Labour Dispute Resolution
Sexual offences in South Africa

Useful official resources

• Commission for Conciliation, Mediation and Arbitration (CCMA): https://www.ccma.org.za

• Labour Relations Act 66 of 1995 (as amended): https://www.gov.za/documents/labour-relations-act

• Department of Employment and Labour: https://www.labour.gov.za