Legal Q&A
How to Refer a Case to the CCMA in South Africa
File a CCMA case in 30 days using form LRA 7.11 — free, no lawyer needed at conciliation. Unfair dismissal, unpaid wages, discrimination. Here is exactly how.
Free
South African Law
Direct Answer
To refer a dispute to the CCMA, complete form LRA 7.11 within 30 days of the dismissal or dispute. Submit it to the nearest CCMA office, online at ccma.org.za, or by fax. There is no filing fee. You can represent yourself at conciliation and arbitration.
What the Law Says
Your Legal Foundation
Labour Relations Act 66 of 1995
Section 191
“An employee may refer a dispute about a dismissal to the Commission if the employee reasonably believes that the reason for dismissal was unfair.”
Labour Relations Act 66 of 1995
Section 135
“The Commission must attempt to resolve a dispute referred to it through conciliation.”
Labour Relations Act 66 of 1995
Section 138
“If a dispute remains unresolved after conciliation, the commissioner must arbitrate the dispute at the request of any party to the dispute.”
Common Questions
Frequently Asked Questions
Do I need a lawyer at the CCMA?
Not for conciliation. At arbitration, you can bring a legal representative (a lawyer or union representative) — but employers can also bring one. For straightforward unfair dismissal cases, many employees successfully represent themselves at CCMA arbitration with good preparation.
My 30 days have passed — is it too late?
You can apply to the CCMA for condonation — an extension of the time limit. You must show good cause for the late referral. The CCMA considers: the degree of lateness, the reasons for it, the employer's possible prejudice, and the merits of the case. You should make this application as soon as possible after the 30 days have passed.
What is the difference between conciliation and arbitration?
Conciliation is a facilitated negotiation — the commissioner does not decide the case; they help both sides agree. Arbitration is more like a mini-trial — the commissioner hears evidence and submissions from both sides and makes a binding award. Conciliation is always attempted first. Arbitration only happens if conciliation fails.
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