You have received a CCMA referral. The clock is now running, the process is formal, and the burden of proving that the dismissal was fair rests on you — not on the employee. We represent South African employers from the moment the referral lands to the final award.
This is the single most misunderstood fact in South African labour law. Under the Labour Relations Act, once an employee establishes that a dismissal took place, the employer must prove the dismissal was fair. The employee does not have to prove it was unfair.
Fairness has two halves, and you must satisfy both:
An employer can be entirely right on the facts and still lose. If the misconduct was real but the hearing was defective, the dismissal is unfair — and compensation follows.
The employee refers the dispute. An unfair dismissal must be referred within 30 days of dismissal; an unfair labour practice within 90 days. A late referral requires a condonation application — which can and often should be opposed.
An informal, without-prejudice meeting where a commissioner explores settlement. Nothing said here may be used later. Many matters are won or lost commercially at this stage — settling cheaply, or refusing to settle a case you cannot defend, are both decisions with real financial consequences.
If conciliation fails, a certificate of non-resolution issues and the matter proceeds to arbitration — a formal hearing with evidence, witnesses, cross-examination and a binding award. In con-arb, arbitration follows conciliation immediately on the same day, which means you must arrive ready to run a full trial. Employers who treat con-arb as "just a conciliation" lose there.
In our experience the case is usually lost long before the CCMA — it is lost in the disciplinary hearing, or in the filing cabinet. The recurring failures are:
The fix is upstream. Sound disciplinary procedure and IR documentation is what makes a CCMA matter defensible — which is why we would rather help you get the hearing right than defend a bad one.
Compensation for an unfair dismissal is capped at 12 months' remuneration, and up to 24 months where the dismissal is automatically unfair. A commissioner may also order reinstatement or re-employment, in some cases with back pay to the date of dismissal. Against that exposure, getting representation right is not the expensive option.
Yes. An employer may be represented by a director, an employee, or an official of a registered employers' organisation. Legal practitioners are not automatically permitted in arbitrations about dismissal for misconduct or incapacity — representation must be allowed by the commissioner or agreed by the parties.
30 days from dismissal for an unfair dismissal; 90 days for an unfair labour practice. Later than that, they need condonation.
Conciliation is an informal settlement discussion that cannot be used against you later. Arbitration is a formal hearing with evidence and cross-examination, ending in a binding award.
A strong case on the facts is not a strong case at the CCMA unless the procedure and the paper trail hold up under cross-examination. Most employers who lose believed they had a strong case.
If a referral has landed, the timeline is already running. If you are considering a dismissal, this is the cheapest moment to get it right. Either way, the first conversation is free.
This page is general information about South African labour law and is not legal advice for your specific matter. Speak to us about your facts.