I Received a CCMA Referral Form: What SA Employers Must Do in the Next 7 Days

CCMA Form 7.11 is not a summons and you have not lost. But what you do in the next seven days determines whether you walk into conciliation with a winnable case or hand the other side an easy default. The CCMA received 140,410 referrals in 2024/25 — 77% settled at the conciliation stage. This is the action guide for employers. Published: June 2026.

First Check: Is the Referral Within the 30-Day Prescription Window?

Section 191(1)(b) of the LRA requires an employee to refer an unfair dismissal dispute within 30 days of the date of dismissal. Count from the dismissal date on your termination letter to the CCMA date stamp on Form 7.11. If the referral is outside 30 days, you have a prescription defense — but you must raise it at conciliation. The CCMA does not raise it automatically. Note: automatically unfair dismissal disputes have a 90-day window, not 30 days.

The CCMA Process Timeline

After referral: the CCMA contacts the employer within 5 to 15 working days to schedule conciliation. Conciliation must happen within 30 days of referral. If no settlement is reached, the CCMA issues a Certificate of Outcome (Form 7.12) and the employee may request arbitration within 90 days. At arbitration, a commissioner adjudicates and issues a binding award. Maximum award for ordinary unfair dismissal: 12 months remuneration (LRA Section 194(1)).

The 7-Day Action Checklist

• Day 1: Confirm the referral, check prescription, create a case file
• Days 2 to 3: Gather all dismissal documentation (employment contract, written warnings, hearing notice, hearing record, outcome letter, appeal record, final payslip)
• Day 4: Assess substantive fairness (valid reason?) and procedural fairness (correct process followed?) honestly
• Day 5: Decide on settlement versus defense based on documentation strength and exposure calculation
• Day 6: Understand representation rules at conciliation — legal practitioners are generally not permitted without mutual consent; directors and company HR representatives may appear
• Day 7: Prepare a brief, factual opening statement — dismissal date, reason, process followed

Documents That Determine the Outcome

At conciliation and arbitration, documentation is the difference between a winnable case and a loss. Essential documents: signed employment contract, signed written warnings, written hearing notice (showing 48 hours notice), hearing record or minutes, written outcome with reasons, evidence that the right to appeal was offered, final payslip confirming leave and notice pay. A complete file changes the commissioner's assessment and the employee's settlement expectations.

Representation at Conciliation

Under CCMA Rules 25 and 31, legal practitioners are not permitted at conciliation unless both parties agree. The employer may be represented by a director, a fellow employee, or an HR practitioner in their company representative capacity. Attempting to bring an attorney without consent results in exclusion at the start of the hearing. At arbitration the rules change: legal representation is permitted.

Assessing Settlement vs Defense

Settlement at conciliation is not an admission of guilt. It is a commercial calculation: cost and risk of arbitration versus cost of resolution now. For documentation-weak cases, settlement typically costs 1 to 3 months salary. Arbitration loss costs up to 12 months plus R15,000 to R40,000 in legal fees. Ensure any settlement agreement states it is in full and final settlement of all claims related to the employment relationship and termination.

What Happens if You Do Not Attend

If an employer fails to attend conciliation, the commissioner can issue a default award. Default awards are enforceable and can be made an order of the Labour Court. If you cannot attend on the scheduled date, contact the CCMA before the hearing to request a postponement. Ignoring a CCMA referral is never a viable response.

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