CCMA deadline calculator

You were dismissed on a Friday. You spent a week hoping the employer would reconsider, another week looking for work, and a third asking friends what to do. The CCMA clock did not wait. This calculator tells you exactly how many days you have left to refer your dispute, or how late you already are, and then maps every deadline that follows.

What this tool works out and who it is for

You enter the type of dispute, the date of the dismissal or unfair labour practice, whether you have already referred the matter, the date of the certificate of non-resolution if conciliation has happened, the date the arbitration award was served if there is one, your monthly remuneration, and whether the dismissal was for a reason the Act calls automatically unfair.

The tool then gives you the referral deadline, the number of days left or the number of days late, the conciliation target, the date by which you must request arbitration, the date by which a Labour Court review must be filed, and the maximum compensation the CCMA can award for your dismissal.

It is for any employee in South Africa who has been dismissed or subjected to an unfair labour practice such as a demotion, an unfair suspension or a refusal to promote. The same periods apply whether the dispute goes to the CCMA or to a bargaining council for your sector.

How the calculator decides

The tool runs the same steps every time, in this order.

First it picks the referral period from the type of dispute. A dismissal must be referred within 30 calendar days. An unfair labour practice must be referred within 90 calendar days. The LawMatch rate table records both periods with the date they took effect. Calendar days means every day counts, including weekends and public holidays.

Second it adds that period to the event date to get the referral deadline. The event date is the date the dismissal took effect, or, where your contract provides for an internal appeal, the date the employer gave its final decision on that appeal. If the dismissal date you enter is in the future, the tool warns you that the clock starts when the dismissal takes effect, or when you learn of it if that is later.

Third it checks where you stand. If you say you have already referred, it moves on to the later clocks. If you have not, it compares today with the deadline. If the deadline is still ahead, it counts the days left. If it has passed, it counts the days late and tells you that you need condonation. Condonation is the CCMA's permission to hear a late referral. You apply for it with the referral itself, explaining how long the delay was, why it happened, your prospects of success and the prejudice to each side.

Fourth it states the conciliation target. The CCMA aims to conciliate within 30 days of the referral. Conciliation is a private meeting with a commissioner who tries to broker a settlement. The date is set by the CCMA, not by you, and the tool shows it as a target rather than a deadline.

Fifth, if you enter the date of the certificate of non-resolution, it adds 90 days to get the date by which you must request arbitration. The certificate is what the commissioner issues when conciliation fails. If that date has already passed, the tool tells you condonation is needed for this step too.

Sixth, if you enter the date the arbitration award was served, it adds six weeks to get the date by which a review application must be filed in the Labour Court. An award is final and binding, and a review is not an appeal; it is limited to defects in the way the commissioner conducted the arbitration or reached the decision.

Seventh, if you enter your monthly remuneration and the dispute is a dismissal, it shows the compensation cap. For an ordinary unfair dismissal the cap is 12 months' remuneration. For an automatically unfair dismissal, such as one for pregnancy, union activity, discrimination or refusing an unlawful instruction, it is 24 months. The tool multiplies your monthly figure by the cap and labels it a maximum. An award is what is just and equitable in the circumstances and is often well below the cap.

The warnings it can raise

If the referral is out of time, the tool warns that you must file a condonation application with the referral and not wait another day. If seven days or fewer remain, it warns you to complete the referral form, LRA Form 7.11, serve a copy on the employer and file it with the CCMA with proof of service, today if you can. If the dismissal date is in the future, it warns that the clock starts when the dismissal takes effect.

The form and the service

The referral is made on LRA Form 7.11, which you can get from any CCMA office or from the CCMA website. You must serve a copy on the employer, by hand, fax, email or registered post, and then file the form with the CCMA together with proof that you served it. Read how to refer an unfair dismissal to the CCMA for the form, field by field.

The law behind it

The time limits and remedies come from the Labour Relations Act 66 of 1995, read with the CCMA Rules. The Act sets the 30-day period for referring a dismissal and the 90-day period for an unfair labour practice, allows the CCMA to condone a late referral on good cause shown, requires the commissioner to attempt conciliation within 30 days, gives the 90-day window for requesting arbitration after a certificate of non-resolution, and sets the six-week period for taking an award on review to the Labour Court. It also sets the compensation caps of 12 and 24 months' remuneration and makes reinstatement or re-employment the primary remedy for a dismissal that was unfair for lack of a fair reason.

Two features of the Act matter for the figures. Compensation is capped, but back pay on reinstatement is not. If the commissioner orders reinstatement from the date of dismissal, the employer must pay the wages for the whole period, however long the case took.

Worked example

This example is illustrative and runs in two parts, because the later clocks are easier to follow with their own dates.

Part one, the referral. Naledi is dismissed for misconduct on 15 January 2030. There is no internal appeal. Thirty calendar days from 15 January is 14 February 2030. Her LRA Form 7.11, served on the employer and filed with the CCMA with proof of service, must be with the CCMA by that date.

Part two, the later clocks. Take a different employee whose conciliation failed and who received a certificate of non-resolution on 1 March 2024. Ninety days after 1 March 2024 is 30 May 2024, so the request for arbitration must be filed by then. The arbitration takes place and the award is served on 1 June 2024. Six weeks after 1 June 2024 is 13 July 2024, so any review application must be filed in the Labour Court by that date.

Now the cap. Suppose the employee earned R20 000 a month and was dismissed for falling pregnant, which the Act treats as automatically unfair. The cap is 24 months' remuneration, which is R20 000 times 24, or R480 000. That figure is a ceiling, not a forecast. Had the commissioner ordered reinstatement instead, the back pay from the dismissal to the reinstatement would be payable in full and would not be limited by the cap.

What this tool does not decide

The tool counts days. It does not decide whether your dismissal was unfair, whether your referral will be condoned, or what you will be awarded.

Condonation is at the commissioner's discretion. The commissioner weighs the length of the delay, the reasons, your prospects of success and the prejudice to both sides, and nothing here predicts the outcome.

It does not calculate what a just and equitable award is. Compensation depends on the nature of the unfairness, your loss, your conduct and the employer's conduct, and is often a few months' pay rather than the cap. Read how much compensation can the CCMA award for how commissioners approach the figure.

When to get advice, and the free route

If you are within the 30 days, do not wait for advice before referring. The form is simple, the CCMA charges nothing, and a referral can be withdrawn later. Referring late and asking for condonation is far harder than referring on time. The CCMA's call centre on 0861 16 16 16 can tell you where your nearest office is and help with the form. Read how long does a CCMA case take for what happens after you file.

Get advice from a labour attorney or a union official if the referral is already late, if the dismissal followed a retrenchment or a transfer of the business, if the employer is disputing that you were an employee at all, or if an award has been made and either side is talking about review. Review applications in the Labour Court are technical and the six-week period is strict. If you cannot afford an attorney, our legal aid page explains who Legal Aid South Africa helps and how to reach them.

LawMatch is not a law firm and this page is general information, not legal advice. Check your dates against your dismissal letter and any appeal outcome before you rely on them.

Frequently asked questions

Do weekends and public holidays count in the 30 days?

Yes. The referral period runs in calendar days, so every day counts. If the deadline falls on a weekend or public holiday, get the form in before it, not after.

What if I did not know I could go to the CCMA?

Not knowing the law is a weak reason for a late referral, though it is sometimes accepted where the delay is short. Refer immediately and attach a condonation application setting out the full story. The shorter the delay, the better the chance.

When does the 30 days start if I appealed internally?

If your contract or a workplace policy provides for an internal appeal and you used it, the period runs from the date the employer gave its final decision on the appeal. If there was no appeal procedure, it runs from the date the dismissal took effect. Enter that date in the tool.

Can the CCMA award more than 12 months' pay?

For an ordinary unfair dismissal, no; 12 months' remuneration is the cap. For an automatically unfair dismissal the cap is 24 months. But if the commissioner orders reinstatement, the back pay from the date of dismissal is not capped and is paid on top.