Your First CCMA Case: What to Expect, Step by Step
The envelope arrives — a CCMA case, with your company named as respondent — and most first-time employers picture a courtroom. The reality is less dramatic and more winnable than the fear suggests, provided you understand the stages and prepare for each. Here is what actually happens, in order.
- ✔Conciliation first — most CCMA cases settle there.
- ✔Con-arb means arbitration can start the same day: arrive prepared for both.
- ✔The employer carries the burden of proving the dismissal was fair.
- ✔Awards are binding within 14 days — no appeal, only review.
Stage one: the referral and the set-down notice
The employee refers the dispute on the CCMA’s form — for unfair dismissal, within 30 days of the dismissal — and the CCMA serves it on you with a set-down notice: the date, time and venue (or link) for the first hearing. Check the referral date against the deadline immediately: a late referral needs condonation, which is not automatic. Then diarise the set-down like a court date — ignoring it invites a default award against you (the full process).
Commissioners can and do proceed in an absent employer’s favour-of-the-employee: awards granted by default, for months of compensation, in cases the employer might have won. The single worst CCMA strategy is the unopened envelope.
Stage two: conciliation — where most CCMA cases end
Conciliation is a private, without-prejudice settlement meeting with a commissioner facilitating. No witnesses, no evidence bundles — just negotiation. Most matters settle here, and settling is often the commercially right answer: a few months’ pay with a full and final settlement agreement, versus months of management time and an uncertain award. Arrive knowing your honest procedural exposure (the fairness tests) and your settlement ceiling.
If it does not settle, dismissal disputes proceed to arbitration — and here is the trap: most are enrolled as con-arb, meaning arbitration starts the same day conciliation fails, unless a party objects properly in advance. Arrive at the first hearing with your documents and witnesses ready for both possibilities.
Stage three: arbitration and the award
Arbitration is the formal hearing: evidence led, witnesses cross-examined, argument made. The employer leads — the legal burden of proving the dismissal was substantively and procedurally fair is yours, which is why the contract, warnings, hearing notices and minutes matter more than eloquence (the file that wins). Legal representation is restricted by the CCMA rules in most dismissal arbitrations; employers commonly appear themselves or through an employer organisation.
The commissioner issues a binding award within 14 days: dismissal upheld, or a remedy — reinstatement, re-employment, or compensation up to 12 months’ remuneration (24 for automatically unfair dismissals). There is no appeal; the only challenge is a Labour Court review on narrow procedural grounds. The complete framework is in the discipline and dismissal pillar.
Always confirm current requirements with the official source — rules and deadlines change.
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Frequently asked questions
What happens at the first CCMA hearing?
Usually conciliation: a private settlement meeting where most cases resolve. But many dismissal cases are enrolled as con-arb — if settlement fails, arbitration starts the same day, so arrive prepared for both.
Do I need a lawyer for a CCMA case?
Usually not — the CCMA is designed for self-representation and lawyers are restricted in most dismissal arbitrations. Employers typically represent themselves or use an employer organisation; preparation matters more than representation.
What can I lose at a first CCMA case?
For an ordinary unfair dismissal: reinstatement orders or compensation up to 12 months' remuneration — 24 months for automatically unfair dismissals. Costs are not normally awarded; each side carries its own.
Last reviewed: July 2026 · How we research our guides
EmployerGuide.online provides general information about South African employer obligations — not legal, tax or professional advice for your specific situation. Laws, rates and deadlines change; confirm current requirements with the official sources linked above, or ask Admin Boss. See our disclaimer.