How much does the CCMA cost?

The CCMA costs nothing. There is no fee to refer a dispute, no fee to attend conciliation, and no fee to attend arbitration. The Commission for Conciliation, Mediation and Arbitration is funded by the state precisely so that an employee who has just lost a job can still be heard.

That is the short answer. The longer answer is that a CCMA case can still cost you money if you choose to spend it, and there is a small risk of a costs order going the other way. This guide sets out both sides.

What is free

Everything the CCMA itself does is free:

• Getting and filing the referral form.
• Having your dispute set down for conciliation.
• The conciliation hearing.
• Requesting arbitration and the arbitration hearing.
• The commissioner's award.
• Help from CCMA case management officers, who will explain the forms.
• The CCMA call centre on 0861 16 16 16.

The same is true of a bargaining council in most sectors, where a council covers your industry and handles the dispute instead of the CCMA.

You can read the full process in our guide on how to refer an unfair dismissal to the CCMA.

What can still cost you

Getting there. Taxi or petrol to the CCMA office, more than once. Conciliation and arbitration are usually separate dates, and postponements happen.

Time off work. If you have found a new job, taking days off for hearings costs you leave or pay. Ask the CCMA if a date can be moved before you simply fail to arrive, because a case can be dismissed if you do not show up.

Documents. Printing, copies and postage. Registered post to serve the referral on your employer costs a small amount and is worth it for the proof of service.

Witnesses. If a witness has to travel, you may end up covering that yourself.

An attorney or labour consultant. This is the real cost, and it is optional. See below.

When you can be represented, and by whom

At conciliation, legal representation is generally not allowed. You appear yourself, or a fellow employee, a union official or a member of an employers organisation appears with you. That keeps conciliation informal and cheap.

At arbitration, the rules depend on what the dismissal was about. Where the dispute is about a dismissal for misconduct or incapacity, legal representation is not automatic. A party who wants an attorney or an advocate must ask the commissioner, and the commissioner decides after considering things like how complex the case is, whether the other side would be at a disadvantage, and whether it is unreasonable to expect you to run the case yourself. The other route is that both sides simply agree to legal representation.

For other kinds of arbitration, including many unfair labour practice disputes, legal representation is generally permitted.

Two forms of representation are free and often better than nothing:

• A trade union official, if you are a member. Unions represent members at the CCMA at no extra charge, and experienced union officials know the process well.
• A fellow employee or a shop steward, who may appear with you.

What an attorney costs if you use one

If your case is complex, or the employer arrives with a labour consultant, paying for help can be worth it. Typical private rates, excluding VAT, look like this:

• A first consultation is often free, and otherwise usually falls in the range of R500 to R1 500.
• Hourly rates for a labour attorney commonly run from about R1 200 to R3 500 an hour, higher at large firms in Johannesburg and Cape Town.
• Preparing and filing a referral or a condonation application is often quoted as a fixed fee.
• Appearing at an arbitration is usually charged per day.

Ask for a written fee estimate and a mandate before any work starts.

Some attorneys and labour consultants offer a contingency or "no win, no fee" arrangement in labour matters. These are regulated and there are limits on what may be charged, so ask for the agreement in writing and read the percentage carefully before you sign.

Can I be ordered to pay the other side's costs?

It is possible but uncommon at the CCMA. A commissioner may make an order as to costs according to what is fair, taking into account the conduct of the parties. In practice orders are usually reserved for conduct such as bringing a hopeless case, wasting a hearing, or behaving unreasonably. Ordinary employees who lose an honest case are not routinely ordered to pay their employer's legal bill.

The Labour Court is a different environment. If your matter goes on review to the Labour Court, the risk of an adverse costs order is real and the amounts are much larger. That is the point at which most people should get proper advice.

Free help if you cannot pay

• The CCMA itself, on 0861 16 16 16, for the forms and the process.
• Your bargaining council, if one covers your sector.
• Your union, if you are a member.
• The Department of Employment and Labour, for BCEA money claims such as unpaid notice, leave and severance.
• Legal Aid South Africa on 0800 110 110, which applies a means test.
• University law clinics and advice offices in most major centres, which take labour matters for free.

Is it worth referring at all?

Because there is no fee, the financial downside of referring an unfair dismissal is small. The bigger cost is time. Read how long a CCMA case takes before you plan around it, and remember the 30 day deadline for referring a dismissal. Compensation for an ordinary unfair dismissal is capped at 12 months' remuneration, and 24 months for an automatically unfair dismissal, so it is worth working out roughly what you might realistically recover before you spend money on representation.