How long does a CCMA case take?

A straightforward CCMA case usually takes about two to four months from referral to award. Conciliation is aimed at happening within 30 days of the referral, arbitration follows if the matter does not settle, and the commissioner's award normally arrives within about two weeks of the hearing ending.

That is the design. Real cases run longer when there are postponements, multiple witnesses, an objection to con-arb, or a review to the Labour Court afterwards. Here is the realistic picture, stage by stage.

Stage 1: Your own deadline

Before the CCMA's clock starts, yours is already running.

• Unfair dismissal: 30 days from the date of dismissal.
• Unfair labour practice: 90 days from the act or omission, or from when you became aware of it. This covers things like unfair suspension, demotion, and unfair conduct relating to promotion, training or benefits.

Miss it and you must apply for condonation, which is a separate application explaining the delay. That can add weeks before the substance of your case is even looked at. Read how to refer an unfair dismissal to the CCMA and get the referral in.

Stage 2: Referral to conciliation, roughly 30 days

Once you file the referral and prove you served it on your employer, the CCMA allocates a case number and sends both sides a notice of set down. The CCMA aims to conciliate within 30 days of the referral.

Two things slow this down more than anything else:

• The employer's address is wrong on the referral, so the notice does not reach them and the date has to be moved.
• Service was not proved, so the CCMA sends the referral back to you.

Use the employer's registered legal name and physical address from your contract or payslip, and attach your proof of service.

Stage 3: Conciliation, usually one morning

Conciliation itself is short. It is informal, private, and often finishes in an hour or two. A commissioner speaks to both sides, together and separately, and tries to help you settle.

Many cases end here. If yours settles, you sign a settlement agreement on the day and the matter is over, which is why a settled case can be finished within about six weeks of the dismissal.

If it does not settle, the commissioner issues a certificate that the dispute remains unresolved. Keep it.

Stage 4: Requesting arbitration, up to 90 days

Arbitration does not happen automatically. You must request it, and you generally have 90 days from the date of the certificate to do so. Do not use the full 90 days. Every week you wait is a week added to your case.

Once requested, the CCMA sets an arbitration date. How long that takes depends heavily on the office. Busy offices in the major metros are slower than smaller ones. A few weeks to a couple of months is the common range.

Con-arb. For some disputes the CCMA sets the matter down as "con-arb", meaning conciliation and arbitration on the same day, one after the other. This is much faster. A party may object to con-arb in certain categories of dispute, and where a valid objection is filed the arbitration is set down separately, which adds time.

Stage 5: The arbitration hearing, one day or several

Arbitration is a proper hearing. Evidence is led, witnesses are called and cross examined, and both sides argue.

• A simple misconduct dismissal with two or three witnesses is often finished in a day.
• A case with many witnesses, an interpreter, documents in dispute, or a legal representation application at the start can run over into a second or third day.
• Extra days are not usually consecutive. A part heard matter can wait weeks for the next available date, and this is the single biggest cause of long CCMA cases.

Postponements also happen: a party is ill, a witness is unavailable, the employer arrives unprepared. Ask for a postponement in advance rather than not arriving, because failing to appear can lead to your case being dismissed.

Stage 6: The award, about 14 days

After the hearing closes the commissioner issues a written award, normally within about 14 days. The award is binding on both sides.

If the employer does not comply, the award can be certified by the CCMA and then enforced like a court order. Certification and the enforcement steps add more weeks.

Stage 7: Review, six months or much longer

An arbitration award is not appealed in the ordinary sense. A party who is unhappy applies to the Labour Court to review the award, and the application must be brought within six weeks of the award being served.

This is where timelines stop being predictable. A Labour Court review can take a year or more from filing to judgment, depending on the court roll and on how quickly the record of the arbitration is transcribed and filed. Costs orders are a real risk at this stage, unlike at the CCMA.

Realistic totals

These are ranges based on how the process is structured, not guarantees. Your CCMA office, the complexity of your case and the other side's conduct all move the numbers.

How to keep your case moving

1. Refer immediately, with the correct employer name and proof of service.
2. Request arbitration as soon as you get the certificate, not on day 89.
3. Bring your documents and your witnesses to every date.
4. Answer the CCMA's calls and keep your contact details current.
5. Be realistic about settlement. A reasonable settlement at conciliation is often worth more than a bigger award a year later.

Referring a dispute to the CCMA is free at every stage. Phone 0861 16 16 16, or see how much the CCMA costs for the costs that can still arise. For free advice, contact your union, a Department of Employment and Labour office, or Legal Aid South Africa on 0800 110 110.