How to Refer a Dispute to the CCMA 2026

Knowing how to refer a dispute to the CCMA matters when you have been dismissed and believe it was unfair. The Commission for Conciliation, Mediation and Arbitration hears unfair-dismissal disputes for free, you do not need a lawyer, and you do not need your employer’s permission. But the deadline is short — just 30 days — so this page walks you through when you can refer, the form to use, the documents you need, and what happens next.

Last updated: June 2026 · Source: Labour Relations Act · CCMA Rules · South African Government

When You Can Refer

You can refer a dispute to the CCMA if you have been dismissed and believe the dismissal was unfair — this includes an unfair retrenchment. You do not need the other party’s consent to take the matter to the CCMA, and you do not need to have resigned or signed anything first.

Some disputes cannot go to the CCMA, however. You cannot refer if you were an independent contractor rather than an employee, if the issue does not fall under the Labour Relations Act or Employment Equity Act, if a bargaining council covers your sector (you refer there instead), or if a private arbitration agreement already governs the dispute. If you are unsure which applies, the CCMA can point you to the right forum.

How to Refer — the Form and Where to Get It

A referral is made by completing and signing LRA Form 7.11, the official referral document. You can get the form from the CCMA — download it from the CCMA website, or collect a copy from any CCMA office or Department of Employment and Labour labour centre. Once it is filled in, you must serve a copy on your employer and then submit the form to the CCMA, with proof that you served it. You can lodge it in person at a CCMA office, by post, by fax, by email, or through the CCMA’s online referral system — and there is no fee to refer a dispute. → Get LRA Form 7.11 from the CCMA

Documents You Need

To refer your dispute you need:

A completed and signed LRA Form 7.11 (the referral document).
Proof that you served a copy on your employer — a registered-post slip, a signed receipt for hand delivery, a fax confirmation, or a signed statement by the person who delivered it.
Your dismissal letter or other evidence that you were dismissed, and the date it happened.
Your ID, recent payslips and your employment contract — these are not required to refer, but they support your case at conciliation and arbitration.

Deadlines and How Long It Takes

Under section 191 of the Labour Relations Act you must refer an unfair-dismissal dispute within 30 days of the date you were dismissed — or, if it is later, within 30 days of the employer’s final decision to uphold the dismissal. If you miss that deadline you are not automatically shut out, but you must apply for condonation, asking the CCMA to accept a late referral and explaining why it was late.

Once your referral is in, the dispute first goes to conciliation, where a commissioner meets both sides and tries to settle it. If conciliation does not resolve it — or 30 days pass — an unfair-dismissal dispute then goes to arbitration, where a commissioner hears the evidence and issues a binding award. Conciliation is usually scheduled within a few weeks of referral.

If Something Goes Wrong

If you have missed the 30-day deadline, lodge the referral anyway together with a condonation request that sets out the reasons for the delay and why your case has merit. If your employer argues that the CCMA has no jurisdiction — for example, that you were an independent contractor or that a bargaining council should hear it — the commissioner will decide that point first. If you are unhappy with an arbitration award, your options are limited: an unfair-dismissal award can only be taken on review to the Labour Court, not appealed. Throughout, keep copies of everything you submit and your proof of service, because the CCMA works from what is on the file.

Lost your job? Two things worth doing now

→ Claim your UIF — a dismissal qualifies you for unemployment benefits. → Work out your retrenchment pay — severance, notice and leave you may be owed.

Frequently Asked Questions

How long do I have to refer a dispute to the CCMA?

30 days from the date of your dismissal (or the employer’s final decision to uphold it). After that you must apply for condonation.

Does it cost anything to go to the CCMA?

No. Referring a dispute is free, and you do not need a lawyer to start the process.

What form do I use?

LRA Form 7.11, the referral document. You complete and sign it, serve a copy on your employer, and submit it to the CCMA with proof of service.

What if I miss the 30-day deadline?

You can still refer, but you must ask the CCMA for condonation — permission to accept a late referral — and explain why it was late.

📋 Verified — Official sources: Refer a dispute to the CCMA (gov.za) · CCMA Rules (gov.za) · Labour Relations Act s191

⚠️ This is general information, not financial, tax, or legal advice. KnowMyGovt is an independent service — not affiliated with or endorsed by the CCMA, the Department of Employment and Labour, SARS, the UIF, or the South African government — and is not liable for decisions made in reliance on it.