If you have been unfairly dismissed or subjected to an unfair labour practice, the Commission for Conciliation, Mediation and Arbitration is where you start. The process is designed to be quick and accessible, but the timelines are strict and easily missed.
Referring the dispute
You have 30 days from the date of dismissal to refer an unfair dismissal dispute to the CCMA. For unfair labour practice disputes the period is 90 days. Late referrals require condonation from the Commissioner, which is discretionary.
Conciliation first
Every referred dispute goes to conciliation first. This is an informal meeting where a Commissioner tries to help the parties settle. Conciliation must happen within 30 days of the referral.
Arbitration if needed
If conciliation fails, most dismissal disputes proceed to arbitration at the CCMA. Complex matters and cases involving automatically unfair dismissals go to the Labour Court instead.
Do you need representation
You are entitled to represent yourself at the CCMA. Legal representation is only allowed at arbitration in certain categories of matter or with the Commissioner’s consent. That said, many employees find that an attorney makes a material difference to the outcome, particularly on the evidence and the calculation of compensation.