How to refer an unfair dismissal to the CCMA

To refer an unfair dismissal you complete the CCMA referral form for a dispute, give a copy to your employer, and file it with the CCMA within 30 days of the date you were dismissed. There is no fee. You do not need an attorney to start the case, and thousands of people run their own referrals every year.

The Labour Relations Act 66 of 1995 (LRA) sets the deadline and the process. The Commission for Conciliation, Mediation and Arbitration (CCMA) provides the forms free and its staff will help you fill them in.

Step 1: Check that the CCMA is the right forum

Before you refer, check two things.

Was there a dismissal? You were dismissed if your employer ended your employment, if a fixed term contract was not renewed when you reasonably expected renewal, or if you resigned because the employer made continued employment intolerable. That last one is a constructive dismissal, and it is harder to prove.

Is there a bargaining council for your sector? Many industries, including motor, metal, retail, road freight, hospitality, private security and local government, have their own bargaining council with dispute resolution powers. If a council covers your employer, you refer the dispute to that council instead of the CCMA. The CCMA will tell you if you file in the wrong place, but that wastes time you may not have.

Step 2: Work out your deadline

The clock is 30 days from the date of dismissal. That is your last day of employment, not the day you got the outcome letter, unless the two are the same.

Different disputes have different clocks. An unfair labour practice, which covers things like unfair suspension, demotion, or unfair conduct relating to promotion, training or benefits, must be referred within 90 days. Discrimination disputes under the Employment Equity Act 55 of 1998 have their own timeframes.

If you are already outside 30 days, you can still refer, but you must ask for condonation. That means asking the CCMA to accept a late referral. You explain how late it is, why it is late, how strong your case is, and what prejudice each side would suffer. Do it as soon as you realise you are late, and be honest about the reason.

Step 3: Complete the referral form

The form is the LRA 7.11, the referral of a dispute to the CCMA. You can get it free from any CCMA office, from the CCMA website, or from the Department of Employment and Labour. Fill in:

1. Your full name and contact details, including a phone number you actually answer.
2. The employer's correct legal name and physical address. Getting this wrong is the single most common reason a case stalls, so use the name on your payslip or contract, not the trading name on the door.
3. The nature of the dispute, which here is unfair dismissal.
4. The date of dismissal and the reason the employer gave.
5. What outcome you want. The usual options are reinstatement, re-employment, or compensation.
6. A short summary of the facts. Keep it to what happened and when. You are not writing your closing argument.

Step 4: Serve it on your employer

You must give the employer a copy of the referral before or at the same time as you file it with the CCMA. You can hand it over, fax it, email it, or send it by registered post to the address you have for the employer.

Then prove it. The form has a section where you set out how and when you served the employer. Attach the proof, whether that is a signed acknowledgement, a registered post slip, a fax report, or a sent email. A referral without proof of service will usually be sent back to you.

Step 5: File it with the CCMA

Deliver the form to any CCMA office, or file it by the methods the CCMA currently accepts, which include in person, by post, by fax and online. Keep your copy with the CCMA's stamp or the electronic confirmation. That stamp is your evidence that you were inside the 30 days.

The CCMA will give the matter a case number and send both sides a notice of set down telling you when and where to attend.

Step 6: Conciliation

The first hearing is conciliation. A commissioner meets both sides and tries to help you settle. It is informal and private, nothing said there can be used against you later, and there is no evidence or cross examination. Legal representation is generally not allowed at conciliation.

The CCMA aims to conciliate within 30 days of the referral. Many cases end here with a settlement agreement, which is a binding document, so read it before you sign.

If the matter does not settle, the commissioner issues a certificate saying the dispute remains unresolved. Keep that certificate. You need it for the next step.

Step 7: Arbitration or the Labour Court

If conciliation fails, where your case goes next depends on the reason for the dismissal.

• Misconduct, incapacity, and most ordinary dismissals go to CCMA arbitration. You must request arbitration, using the LRA 7.13 form, within 90 days of the certificate. Arbitration is a proper hearing with evidence and witnesses, and the commissioner's award is binding.
• Retrenchment disputes and automatically unfair dismissals, such as dismissal for pregnancy, union membership or a protected strike, usually go to the Labour Court instead. The referral to the Labour Court must be made within six months of the certificate.

Compensation for an ordinary unfair dismissal is capped at 12 months' remuneration. For an automatically unfair dismissal it is capped at 24 months.

What it costs and where to get help

Referring a dispute to the CCMA is free. There is no filing fee at any stage. Phone 0861 16 16 16 for the nearest office, or read our guide on how much the CCMA costs for the costs that can still arise, such as an attorney at arbitration.

Free help is available from the CCMA itself, from your trade union if you belong to one, from a Department of Employment and Labour office, and from Legal Aid South Africa on 0800 110 110.

Practical things that decide cases

Gather your documents now, before memories fade: your contract, payslips, the charge sheet, the hearing notes and outcome, any warnings, and the dismissal letter. Write a timeline with dates. Get the names of anyone who saw what happened. In most cases the employer must prove the dismissal was fair, but you still have to prove that you were dismissed, so the paperwork matters.