26/01/2026
CCMA Proceedings | A Practical Guide for Employers & HR Professionals 🇿🇦
Receiving a referral to the CCMA (Commission for Conciliation, Mediation and Arbitration) can be stressful — but proper preparation makes all the difference.
Step 1: CCMA Referral
An employee may refer a dispute to the CCMA, commonly for:
• Unfair dismissal
• Unfair labour practice
• Constructive dismissal
• Discrimination or harassment
⏳ Most disputes must be referred within 30 days.
Step 2: Conciliation
✔️ This is the first mandatory step
✔️ An independent commissioner facilitates settlement discussions
✔️ Matters may be resolved through agreement
✔️ No formal evidence is led
⚠️ If unresolved, a Certificate of Non-Resolution is issued.
Step 3: Arbitration
✔️ A more formal process
✔️ Evidence, documents, and witnesses are presented
✔️ The commissioner assesses procedural and substantive fairness
✔️ A binding award is issued
Employer & HR Responsibilities:
✔️ Attend all CCMA proceedings
✔️ Prepare documentation (policies, warnings, contracts, records)
✔️ Apply consistency and fairness
✔️ Understand that poor preparation increases risk
Key HR Insight:
Most CCMA losses occur before the hearing even starts — due to weak procedures, missing policies, or inconsistent discipline.
📩 Need support with CCMA preparation or representation?
📲 Partner with a labour law professional to protect your business.
✔️ No formal evidence is presented