CCMA | Commission for Conciliation Mediation and Arbitration

CCMA Arbitration and Representation in Cape Town

The CCMA (Commission for Conciliation, Mediation and Arbitration) is an independent body established by law to carry out a range of dispute resolution and prevention functions. The CCMA’s vision is to promote social justice and economic growth through the transformation of workplace relations.

What Is the CCMA and What Happens at a CCMA Hearing?

The CCMA was established under the Labour Relations Act 66 of 1995, its primary role is to resolve workplace disputes through conciliation, arbitration, and related dispute prevention functions, without the parties needing to approach the Labour Court. The CCMA conciliates disputes by assisting parties to reach a voluntary settlement, arbitrates disputes that remain unresolved after conciliation by issuing a binding written award, and provides advice and training on workplace procedures, collective bargaining, and employment equity programmes.

At a CCMA hearing, a commissioner facilitates the process. At conciliation, the commissioner assists both parties to reach a voluntary settlement. If the matter remains unresolved, it proceeds to arbitration, where the commissioner hears evidence from both sides and issues a binding arbitration award. In a con-arb hearing, both stages occur on the same day. Employers are advised to attend fully prepared, with all documentary evidence and witnesses available from the outset.

For employers in Cape Town and across the Western Cape, understanding the CCMA process is critical. An unfair dismissal finding may result in reinstatement or compensation of up to 12 months’ remuneration. Both procedural and substantive fairness are assessed by the commissioner. Employers who have not followed a fair disciplinary hearing procedure or who cannot demonstrate a fair reason for dismissal are at significant risk at arbitration.

Cape Labour & Industrial Consultants has assisted Cape Town employers with CCMA matters since 1987. Our team, headed by Bernard Reisner, provides professional, cost-effective advice on all aspects of CCMA proceedings, from the initial referral through to arbitration and beyond.

CCMA Cape Town Office and Professional Representation

The CCMA Cape Town office is located at CCMA House, 78 Darling Street, Cape Town 8001. The postal address is Private Bag X9167, Cape Town 8000. The office can be reached by telephone on 021 469 0111 or through the national CCMA call centre on 0861 16 16 16. Email enquiries may be directed to ctn@ccma.org.za. Parties who need assistance completing referral forms may visit the Cape Town office in person, where administrative staff can provide guidance on the process.

While the CCMA office provides administrative assistance with completing referral forms, it does not represent either party in a dispute. Employers appearing before the CCMA, whether at conciliation, arbitration, or con-arb, are responsible for presenting their own case unless they appoint a representative.

Cape Labour & Industrial Consultants, based in Cape Town and serving employers across the Western Cape and South Africa, provides dedicated assistance with CCMA proceedings. Our consultants advise on the merits of a dispute, assist with preparation of evidence and documentation, and attend hearings on behalf of employers where permitted under the applicable CCMA rules. We have provided this service since 1987, and our approach draws on both the legal requirements of the Labour Relations Act and the practical realities of the CCMA process.

If you are facing a CCMA referral, do not wait until the hearing date to seek advice. Early preparation, including reviewing the fairness of the original disciplinary hearing procedure and the substantive reason for dismissal, can materially affect the outcome. Contact Cape Labour for a consultation as soon as you receive a referral notice.

WHAT DOES THE CCMA DO?

The CCMA is an independent statutory body established under the Labour Relations Act 66 of 1995. It operates across South Africa, with a dedicated office in Cape Town at CCMA House, 78 Darling Street. Its core functions include the following:

• Conciliating workplace disputes: A commissioner assists disputing parties to reach a voluntary settlement. Conciliation is confidential and without prejudice, meaning nothing said during conciliation may be used in subsequent arbitration proceedings.
• Arbitrating unresolved disputes: Where conciliation fails, the CCMA arbitrates the dispute and issues a binding written award. The award may order reinstatement, re-employment, or compensation.
• Providing advice and training: The CCMA offers guidance on dispute resolution processes, model workplace procedures, collective bargaining structures, workplace forums, employment equity programmes, and workplace restructuring.
• Pre-dispute resolution: In certain circumstances, the CCMA may attempt to resolve a dispute before a formal referral is made, through an informal telephonic pre-conciliation process.
• Publishing information and statistics: The CCMA compiles and publishes data on its caseload and activities, providing useful insight into trends in South African labour disputes.
• Accrediting bargaining councils and private agencies: The CCMA considers applications for accreditation and subsidy of bargaining councils and private dispute resolution agencies.

For employers in Cape Town and across the Western Cape, the CCMA is the first port of call when a dismissed employee or an employee alleging an unfair labour practice refers a dispute. Understanding how the CCMA operates, and what is required of an employer at each stage, is essential to managing the risk of an adverse finding. Cape Labour & Industrial Consultants provides practical guidance on all of these functions, drawing on more than three decades of experience in South African labour law.

CCMA Processes: Conciliation, Arbitration and Con-Arb Explained

The CCMA conducts several distinct processes, each with a different level of formality and a different outcome. Understanding the differences helps employers prepare appropriately and avoid being caught off guard at a hearing.

Process	Format	Who Decides	Outcome	Binding?	Preparation Required
Pre-conciliation	Informal telephonic	Commissioner facilitates	Voluntary settlement or referral to conciliation	No	Basic facts and contact details
Conciliation	In-person, informal	Commissioner facilitates	Voluntary settlement or certificate of non-resolution	No	Summary of dispute, willingness to negotiate
Arbitration	Formal hearing	Commissioner decides	Written arbitration award	Yes, legally binding	Full evidence, witnesses, documents, legal arguments
Con-arb	Combined same-day	Commissioner facilitates then decides	Settlement (conciliation stage) or binding award (arbitration stage)	Award is binding	Full preparation as for arbitration from the outset

For employers, the most significant distinction is between conciliation and arbitration. Conciliation is confidential and without prejudice. Arbitration, by contrast, is a formal evidentiary process. The commissioner hears oral evidence, considers documentary proof, and issues a written award that may order reinstatement or compensation. Employers who attend a con-arb hearing must be fully prepared for the arbitration stage from the moment they arrive, as the two stages follow one another on the same day without adjournment. For detailed guidance on what to expect at a formal hearing, see our page on arbitration.

HOW DO I REFER A CCMA DISPUTE?

If it is a dismissal dispute, make sure you complete the required forms and refer your dispute to the CCMA for conciliation within 30 days of the date of dismissal or, if it is a later date, within 30 days of the Employer finally deciding to dismiss you or uphold your dismissal. If it is an unfair labour practice dispute, refer your dispute to the CCMA within 90 days of the unfair labour practice or within 90 days of you becoming aware of what you believe is an unfair labour practice.

The 30 or 90 days are calculated by counting all days, including weekends and public holidays. Ensure that you refer your case in time. Complete and serve the CCMA referral form (LRA 7.11) correctly. You may ask your nearest CCMA office to help you complete the form.

HOW TO SERVE AND FILE THE CCMA REFERRAL FORM?

The completed CCMA referral form must first be sent to the other party. This can be done in the following ways:

– By handing a copy of the form to the other party;
– By faxing the form to the other party
– By sending a copy of the form to the address of the other party by registered mail.

When filing the referral form for the CCMA, proof that you have sent the form to the other party must be attached. The proof can consist of:

– If hand delivered – a copy of the receipt signed by or on behalf of the other party, which must include the name and the title of the person who received the form and the place, time and date of receipt;
– If faxed- a copy of the fax transmission report showing that all the pages of the form were faxed to the other party;
– If sent by registered post – a copy of the registered mail slip.

PROCESSES CONDUCTED BY THE CCMA

Pre-conciliation: This is an informal telephonic hearing. A commissioner will contact the parties and will try to resolve the matter telephonically.

Conciliation: A conciliation hearing is a process where a commissioner (or a panelist in the case of a bargaining council or agency) meets with the parties in a dispute and explores ways to settle the dispute by agreement.

Arbitration: Arbitration is a more formal process than conciliation. The commissioner investigates the demands and counter demands of both parties and decides on a final settlement in the form of an arbitration award. The award is imposed on the parties after hearing the evidence. The award is legally binding on both parties.

Con-arb: The con-arb process is a two-stage process. The first stage of the process is the conciliation process (explained above). Should the matter not be resolved in conciliation, the arbitration stage proceeds immediately thereafter. Parties a con-arb are therefore advised to attend the hearing with all their witnesses and the documentary evidence they will need to prove their case. A party to a con-arb process may object to the con-arb hearing by filing or sending a letter to the CCMA and the other party stating that they object to the con-arb process. This objection must be delivered 7 days before the hearing.

WHAT TO EXPECT AT CONCILIATION HEARING OR PRE-CONCILIATION?

Conciliation is a private and confidential informal process. An independent commissioner assists the disputing parties to reach an agreement. It is a quick and inexpensive way of settling disputes.

During the process, parties are allowed to share information and suggest ways of settling the dispute themselves. The commissioner may also suggest and explore settlement ideas.

In a conciliation hearing you may attend or be represented only by:

– A director or employee of that party; or
– Any member, office bearer or official of your registered trade union or employers’ organisation.
You cannot be represented by a consultant or an attorney at conciliation.

The CCMA might first try to resolve the issue by telephone be prepared to participate in a telephonic conciliation.

WHAT TO EXPECT AT AN ARBITRATION OR CON-ARB HEARING?

Arbitration is a more formal process. The commissioner makes a decision on the outcome of the dispute. The decision is given to the parties in writing in the form of an arbitration award. The award is made after hearing evidence from the parties, and is binding.

Prior to the arbitration hearing, prepare the evidence you will lead. Decide which issues are in dispute, which issues are not and the relief you want. Put together all the important documents and make copies for the arbitrator and the other party.

At the arbitration hearing you may attend in person or be represented only by a legal practitioner; a director or employee of the party; or any member, office bearer or official of your trade union or registered employers’ organisation.

If the dispute is about the fairness of a dismissal, the parties my not be represented by a legal practitioner unless the commissioner and all other parties agree, or the commissioner decides that it would not be fair to expect a party to deal with the dispute without a legal representation.

During the process, you and the other party will be allowed to call witnesses and cross-examine each other’s witnesses.

Con-Arb means that the conciliation and arbitration are held together, with the arbitration stage following immediately after the conciliation stage of the process. Therefore, if a con-arb has been scheduled, the arbitration hearing will be held immediately after the conciliation, without you having to fill in a separate CCMA form requesting arbitration.

If a con-arb has not been scheduled, and settlement is not reached at the conciliation hearing and you want to continue with your case, you need to complete the CCMA referral form requesting arbitration.

• A con-arbwill always be scheduled if an employee on probation wants to refer a dismissal or unfair labour practice dispute.

How Employers Can Attend and Represent Themselves at the CCMA

Employers have the right to attend CCMA proceedings and to be represented in certain circumstances. At conciliation, parties generally appear without legal representatives. A director or senior manager may represent a company at conciliation. At arbitration, employers may be represented by a legal practitioner, a registered employers’ organisation official, or a labour consultant, subject to the commissioner’s discretion and the applicable CCMA arbitration rules.

For employers, the key to a successful outcome at arbitration lies in thorough preparation. The following steps are typically required:

• Review the referral form (LRA 7.11) to understand the exact nature of the dispute and the relief sought by the employee.
• Assess procedural fairness: Was a proper disciplinary hearing procedure followed before the dismissal? Was the employee given adequate notice, the opportunity to state their case, and the right to representation at the hearing?
• Assess substantive fairness: Was there a fair reason for the dismissal? For dismissal for misconduct, was the sanction appropriate given the nature of the offence and the employee’s record? For dismissal for poor work performance, was the employee counselled and given a reasonable opportunity to improve before the decision to dismiss was taken?
• Gather documentary evidence: This includes the notice to attend the disciplinary hearing, the record of the hearing, the sanction letter, the employee’s employment contract, and any relevant correspondence or workplace policies.
• Identify and prepare witnesses: Witnesses should be briefed on the process and should be available to attend the hearing in person. Their evidence should be consistent with the documentary record.
• Prepare a closing argument: At arbitration, parties are typically given the opportunity to make closing submissions. Employers should be ready to address both procedural and substantive fairness in their argument.

At conciliation, parties may attend in person or be represented only by a director or employee of the party, or by any member, office bearer, or official of a registered employers’ organisation. Parties cannot be represented by a consultant or attorney at conciliation, unless the commissioner and all other parties agree. At arbitration, representation by a legal practitioner or labour consultant is permitted, subject to the commissioner’s discretion where the dispute concerns the fairness of a dismissal.

Cape Labour & Industrial Consultants assists employers at every stage of this process. If you have received a CCMA referral notice, contact Cape Labour without delay so that we can assess the merits of the matter and advise on the appropriate course of action.

For further information or any labour related matters, you can contact Bernard Reisner:
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za

For any help on CCMA cases please contact Bernard Reisner on details above – CCMA Forms can be downloaded here

Frequently Asked Questions

Related Labour Law Services and Resources

If you are dealing with a CCMA matter or seeking to prevent one, the following resources and services from Cape Labour & Industrial Consultants may be relevant to your situation:

• Arbitration: Detailed guidance on what to expect at a CCMA arbitration hearing, how to prepare evidence, and what remedies an arbitrator may award.
• Disciplinary hearing procedure: Step-by-step guidance on conducting a procedurally fair disciplinary hearing before a dismissal is effected, reducing the risk of an adverse CCMA finding.
• Dismissal for misconduct: Advice on the substantive and procedural requirements for a fair dismissal where an employee has committed a serious breach of workplace rules.
• Dismissal for poor work performance: Guidance on the counselling, performance improvement, and hearing requirements before an employee may be dismissed for poor performance.
• Terms and conditions of employment: Advice on when and how an employer may lawfully change an employee’s terms and conditions of employment, and the risks of unilateral changes.

These pages are also linked from our CCMA Cape Town forms resource and our CCMA arbitration rules page, where you will find additional procedural guidance on referring and managing disputes. If you are unsure which service applies to your situation, contact Cape Labour for a direct assessment of your matter.

Cape Labour Consultants is an independent labour-law consultancy. We are not a branch, representative or affiliate of the South African Department of Employment and Labour, and our services do not include Unemployment Insurance Fund (UIF) registrations, contributions, claims or payments.