How to Refer a Dispute to the CCMA (Form 7.11)

Referring a workplace dispute to the Commission for Conciliation, Mediation and Arbitration (the CCMA) starts with a single form and a strict clock. This guide explains how to complete Form 7.11, who must serve it, and what happens once the CCMA opens a case.

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa (0800 110 110) if you cannot afford one.

Information last verified on 23 July 2026. This page addresses referrals to the CCMA under the Labour Relations Act. It does not cover disputes that fall under a bargaining council or a statutory council, which follow a similar but separate process.

What the CCMA Handles

The CCMA is the statutory body created by the Labour Relations Act 66 of 1995 to resolve disputes between employers and employees outside the ordinary courts. It deals with dismissals, unfair labour practices, and a range of other disputes listed on Form 7.11 itself, including severance pay disagreements, unilateral changes to terms and conditions, and unfair discrimination referred under the Employment Equity Act.

Where a bargaining council or a statutory council covers your sector, the dispute goes to that council instead of the CCMA. If you are not sure which body has jurisdiction, contact the CCMA before referring.

How to Refer a Dispute: Form 7.11

You start a CCMA case by completing LRA Form 7.11, "Referring a Dispute to the CCMA for Conciliation (including Con-Arb)." The form asks for your details, the other party's details, the nature of the dispute, ticked from a fixed list that includes dismissal, unfair labour practice and severance pay among others, a summary of the facts, and, for a dismissal, whether you say it was procedurally and substantively unfair.

The completed form goes to the Registrar at the CCMA's regional office in the region where the dispute arose, not necessarily where your employer's head office is based. A copy must also be served on the other party, and you must attach proof of that service, such as a registered post office slip, a signed receipt for hand delivery, a signed statement confirming service, or a fax or email confirmation slip. The CCMA can be asked to assist with service if you cannot manage it yourself.

Once the form is lodged, the CCMA appoints a commissioner who must attempt to resolve the dispute within 30 days.

Time Limits and Condonation

Section 191(1)(b) of the Labour Relations Act sets two different clocks. A dismissal dispute must be referred within 30 days of the dismissal, or, if the employer only finalised the decision later, for example after an internal appeal, within 30 days of that later decision. An unfair labour practice dispute must be referred within 90 days of the act or omission complained of, or within 90 days of when the employee became aware of it, if that is later.

If you miss the deadline, section 191(2) lets the CCMA permit a late referral where the employee shows good cause. There is no automatic extension: you apply for condonation and explain the delay when you refer the dispute.

Con-Arb: Conciliation and Arbitration on the Same Day

Con-arb lets an arbitration hearing follow directly after conciliation on the same day, so a dispute can be resolved in one sitting if conciliation fails. The conciliation part stays confidential and is not recorded; the arbitration part is recorded and produces a binding award, exactly as in a standalone arbitration.

Con-arb must be used for:

• dismissals for any reason relating to probation, and unfair labour practice disputes relating to probation;
• disputes about a compliance order issued to an employer under section 69(5) of the Basic Conditions of Employment Act; and
• claims for unpaid amounts referred under section 73A of the Basic Conditions of Employment Act.

Con-arb may be used, subject to a valid objection, for:

• dismissals relating to an employee's conduct or capacity;
• dismissals where continued employment was made intolerable, or conditions were made substantially less favourable after a transfer under section 197 or 197A (other than an automatically unfair dismissal);
• dismissals where the reason is unknown; and
• unfair labour practice disputes generally.

Con-arb may not be used for organisational rights disputes, disputes over the interpretation or application of a collective agreement, workplace forum disputes, non-renewal of a fixed-term contract, or its renewal on less favourable terms, automatically unfair dismissals, dismissals based on operational requirements (retrenchment), or participation in an unprotected strike.

Objecting to Con-Arb and Form 7.13

In the disputes where objection is allowed, either party can object in writing to the CCMA and the other party at least 7 days before the hearing date. CCMA Rule 17(3) removes the right to object in the disputes that must go through con-arb, namely probation disputes, section 69(5) compliance orders, and section 73A claims.

Where a valid objection is made, only conciliation is held that day. If the dispute remains unresolved and the CCMA has the power to arbitrate it, the party wanting to pursue it must deliver a request for arbitration on LRA Form 7.13 to the CCMA and the other party.

Who May Represent You

Legal practitioners and candidate attorneys may not represent any party during conciliation, including the conciliation part of a con-arb hearing, even if all parties would prefer it. There is no discretion to allow this.

At arbitration, legal representation is automatic in every in limine hearing regardless of the underlying dispute, and in most arbitrations generally. The exceptions, where a legal practitioner is not automatically allowed, are dismissals based on conduct, dismissals based on capacity (performance or ill health), and referrals under sections 69(5), 73 or 73A of the Basic Conditions of Employment Act. In those cases the commissioner may still permit legal representation if all parties consent, or, absent consent, after weighing the Rule 25(6) factors: the legal questions raised by the dispute, its complexity, the public interest, and the comparative ability of the parties or their representatives to deal with it. There is no discretion at all to allow legal representation in section 189A large scale retrenchment facilitation proceedings.

What Happens at Conciliation, Arbitration and the Certificate of Outcome

At conciliation, the commissioner tries to help the parties settle the dispute. If that fails, the commissioner issues a certificate of outcome recording that the dispute remains unresolved. What happens next depends on the type of dispute: most dismissal and unfair labour practice disputes go to CCMA arbitration, or con-arb where it applies, while automatically unfair dismissals and operational requirements dismissals instead go to the Labour Court. There is one exception under section 191(12): an employee dismissed alone for operational requirements, after a consultation process that applied only to that employee, may elect to refer the dispute to CCMA arbitration instead of the Labour Court, and Form 7.11 has a tick-box for exactly this case.

Reviewing an Arbitration Award: Section 145

An arbitration award is generally final and binding, but a party who believes the commissioner's conduct of the proceedings was defective, for example through misconduct, a gross irregularity, or exceeding the powers given to the commissioner, can apply to the Labour Court to review the award under section 145 of the Labour Relations Act. A review application must generally be brought within six weeks of the award being served on the applicant, unless a delay is condoned. A review is not an appeal on the merits; it examines the fairness of the process the commissioner followed, not simply whether the outcome was correct.

What the CCMA Costs

Referring a dispute is designed to be inexpensive: there is no charge on the referral form itself, and only legal practitioners may charge you a representation fee. Under CCMA Rule 25(1)(f), nobody else representing a party, including a trade union official or an employers' organisation representative, may charge a fee or receive a financial benefit for representing that party.

Related Reading

For what counts as a dismissal and what compensation is available once the CCMA or Labour Court finds it unfair, see unfair dismissal in South Africa. If your dispute is a retrenchment, see retrenchment and severance pay, since operational requirements dismissals cannot use con-arb and follow the section 189 and 189A process instead. For the notice you are owed on termination, see notice periods in South Africa. The South Africa labour law section links the full set of guides, and the South Africa Laws hub covers the wider site.