How the CCMA Process Works Step by Step
The CCMA (Commission for Conciliation, Mediation and Arbitration) is a free government body that helps workers and employers resolve disputes. You don't need a lawyer. You don't pay anything. Here's how the whole process works from start to finish.
Key Takeaways
- The CCMA is completely free — no lawyers needed
- Conciliation is informal; arbitration is formal (like court)
- The whole process takes 3-6 months on average
- Keep all documents: dismissal letter, payslips, contracts, messages
- Awards are legally binding and enforceable
Step 1: Referral (Filing your case)
You fill in a form (called a 7.11 form) at your nearest CCMA office or online at ccma.org.za. You explain what happened and what you want. Make sure you file within the deadline — 30 days for dismissal, 90 days for unfair labour practices.
Step 2: Screening
The CCMA checks if your case is valid and within the time limit. If it's late, you may need to apply for condonation (permission to file late). This is not guaranteed — you need a good reason for the delay.
Step 3: Conciliation (The meeting)
A commissioner calls you and your employer to a meeting. The goal is to reach an agreement. This is informal — no evidence or witnesses needed. This must happen within 30 days of referral.
- Both parties must attend — if your employer doesn't show, the case can proceed without them
- You can bring a union representative or colleague for support
- The commissioner cannot force a settlement — both sides must agree
Step 4: Certificate of Outcome
If you reach agreement → case closed, agreement is binding. If you don't agree → you get a certificate saying conciliation failed. This certificate lets you go to the next step (arbitration).
Step 5: Arbitration (The hearing)
You must request arbitration within 90 days of the failed conciliation. This is like a mini court case. You bring evidence, witnesses, and documents. The commissioner makes a final, binding decision.
- You present your case first (you are the applicant)
- Your employer then presents their side
- Both sides can cross-examine witnesses
- The commissioner asks questions too
Step 6: The Award
The commissioner issues a written award within 14 days. This is legally binding. If your employer doesn't comply, you can have it enforced through the Labour Court — they must pay or reinstate you.
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