Dismissed, or facing a CCMA referral?
An unfair dismissal or unfair labour practice referral to the CCMA is time-barred — usually 30 or 90 days depending on the dispute. Starting your file today is what actually starts the clock being tracked, rather than losing days to an unread email.
How this works
- Tell us the dismissal or incident date, dispute type, and employer details — we calculate your referral deadline immediately.
- A case worker reviews your matter and prepares the referral documents.
- An admitted attorney reviews and authorises the referral before it's lodged with the CCMA.
- We track the matter through conciliation and, if needed, arbitration or the Labour Court.
This page is informational and does not constitute legal advice. See our Disclaimer.
Frequently asked questions
How long do I have to refer a dispute to the CCMA?
It depends on the dispute type - an unfair dismissal referral is generally 30 days from the date of dismissal, while an unfair labour practice referral is generally 90 days from the act or omission complained of. These clocks are strict, which is why our intake starts tracking your deadline the moment you submit it.
What counts as "unfair dismissal"?
Dismissal without a fair reason (misconduct, incapacity, or properly established operational requirements) or without a fair process (a proper hearing and opportunity to respond) can both be unfair, even if only one of the two is missing.
Can my employer bring a lawyer to the CCMA?
At CCMA conciliation and most arbitrations, parties may represent themselves or use certain permitted representatives - legal representation at arbitration is restricted in dismissal-for-misconduct-or-incapacity matters unless both parties and the commissioner agree, or the dispute is complex. We'll tell you what applies to your specific matter.
What happens after I submit a referral?
The CCMA typically first sets the matter down for conciliation, an attempt to settle. If that fails and the dispute type qualifies, it proceeds to arbitration, or for some dismissal disputes, to the Labour Court.
I'm an employer facing a referral - can you help with that too?
Yes - we represent employers defending a CCMA referral, and advise on running a disciplinary process correctly before a dispute even arises.
What if the referral deadline has already passed?
The CCMA can, in limited circumstances, condone a late referral if you show good cause for the delay. Tell us the relevant dates in your intake and we'll assess whether condonation is realistically available.
What's an "automatically unfair" dismissal, and why does it get a longer 90-day window?
Certain dismissals - for example based on pregnancy, discrimination, or exercising a right under the LRA - are automatically unfair under s187, and referrals for these generally get the longer 90-day window under s191(1)(b)(ii) rather than the standard 30 days. Tell us the reason for your dismissal and we'll confirm which window applies.
What documents or information do I need to start a referral?
Your name and contact details, your employer's name, the dismissal or incident date, and the type of dispute. Anything else - a dismissal letter, disciplinary hearing notes, employment contract - helps but isn't required to open your file and start the clock.
Do I need to have tried to resolve this with my employer first?
Not necessarily before referring to the CCMA - conciliation, the CCMA's own attempt to help you and your employer settle, usually happens first. But if your workplace has an internal grievance or disciplinary process, using it properly can still matter to the fairness of what follows.
What can I actually get out of a successful referral?
Typically reinstatement, re-employment, or compensation (commonly up to 12 months' remuneration, or up to 24 months for an automatically unfair dismissal), depending on what the CCMA or Labour Court orders and what you're asking for.
Is CCMA arbitration the same as going to court?
No - it's a separate, generally faster and less formal process than the Labour Court, though its awards are legally binding and enforceable in the same way as a court order once issued.
