Labour law guide
Unfair dismissal & CCMA referral in South Africa: step-by-step guide
Educational information only — not legal advice. This guide explains South African law in general terms. For advice on your own case, contact the CCMA, Legal Aid SA (0800 110 110) or a qualified attorney.
If you believe you were unfairly dismissed, you have 30 days from the date of dismissal to refer your case to the CCMA (Commission for Conciliation, Mediation and Arbitration) under section 191 of the Labour Relations Act. You do this by completing LRA Form 7.11, sending a copy to your employer, and lodging it with the CCMA. The process is free and you don't need a lawyer.
Under section 188 of the Labour Relations Act, a dismissal is only fair if the employer had a fair reason — misconduct, incapacity (poor performance or ill health) or operational requirements — and followed a fair procedure. The CCMA first tries to settle the dispute at conciliation; if that fails, a commissioner can decide the case at arbitration and order reinstatement or compensation.
The 30-day referral rule
Your referral must reach the CCMA (or your bargaining council) within 30 days of the date of dismissal — LRA section 191(1)(b). If you are late, you must also apply for condonation and explain why.
Work out your exact deadline with our free CCMA Deadline Calculator.
How to refer your case: 7 steps
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Step 1: Get your dismissal in writing
Ask for the dismissal letter and the reason. Keep your contract, payslips, warnings, disciplinary hearing notes, WhatsApps and emails.
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Step 2: Check your 30-day deadline
Count 30 days from the date of dismissal. Your referral must reach the CCMA within that time. If you are late, you must also apply for condonation (permission to refer late).
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Step 3: Complete LRA Form 7.11
Fill in the referral form with your details, your employer's details, the date and reason for dismissal, and the outcome you want (reinstatement or compensation).
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Step 4: Serve a copy on your employer
Send a copy of the form to your employer (by hand, email, fax or registered post) and keep proof that you did.
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Step 5: Lodge it with the CCMA
Submit the form and proof of service online, by email or at your nearest CCMA office. Using the CCMA is free.
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Step 6: Attend conciliation
A commissioner tries to help you and your employer reach a settlement, usually within 30 days of the referral. Bring your documents and know what outcome you want.
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Step 7: Request arbitration if it isn't settled
If conciliation fails you receive a certificate of non-resolution. You can then ask for arbitration (Form 7.13), where a commissioner decides the case and makes a binding award.
The law that applies
Labour Relations Act 66 of 1995 · Section 185
Every employee has the right not to be unfairly dismissed.
Labour Relations Act 66 of 1995 · Section 186
Defines dismissal, including constructive dismissal (being forced to resign by intolerable conditions).
Labour Relations Act 66 of 1995 · Section 187
Automatically unfair dismissals, e.g. for pregnancy, union membership or discrimination.
Labour Relations Act 66 of 1995 · Section 188
A dismissal is fair only with a fair reason (misconduct, incapacity or operational requirements) and a fair procedure.
Labour Relations Act 66 of 1995 · Section 191
Referral to the CCMA or a bargaining council within 30 days of dismissal; late referrals need condonation.
Labour Relations Act 66 of 1995 · Sections 193–194
Remedies: reinstatement, re-employment or compensation (generally up to 12 months' pay, up to 24 months for automatically unfair dismissals).
Code of Good Practice: Dismissal (2023) · Guidelines
How employers should handle misconduct, poor performance and incapacity, including a fair hearing.
Basic Conditions of Employment Act 75 of 1997 · Sections 37 and 41
Notice periods on termination, and severance pay of at least one week per completed year for retrenchments.
Read the full text: Labour Relations Act · CCMA
Educational information only — not legal advice. This guide explains South African law in general terms. For advice on your own case, contact the CCMA, Legal Aid SA (0800 110 110) or a qualified attorney.
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Frequently asked questions
How long do I have to go to the CCMA after being dismissed?
30 days from the date of dismissal (section 191 of the Labour Relations Act). If you miss it, you can still refer the case, but you must apply for condonation and explain why you were late.
Does it cost money to go to the CCMA?
No. Referring a case to the CCMA, conciliation and arbitration are free. You don't need a lawyer — you can represent yourself, or in many cases use a union official or co-worker.
What if my workplace falls under a bargaining council?
If your sector has a bargaining council, you usually refer the dispute there instead of the CCMA. The CCMA can tell you if this applies to you.
Can I be dismissed while on probation?
Yes, but the dismissal must still be fair. The employer must give you guidance, a chance to improve and a fair hearing, though the standard is less strict than for permanent staff.
What can the CCMA order my employer to do?
If the dismissal was unfair, the commissioner can order reinstatement, re-employment or compensation — usually up to 12 months' pay, or up to 24 months if the dismissal was automatically unfair.
I resigned because my employer made work unbearable. Can I still go to the CCMA?
Possibly. This is called constructive dismissal (section 186(1)(e)). You must show that your employer made continued employment intolerable. These cases are harder to prove, so gather evidence.