An empty chair facing a long table in a plain hearing room at dawn.

Disciplinary hearings & the CCMA

Nobody tells you the clock is running.

You get a notice, or you get dismissed, and then you are on your own with a process nobody explained. This is the part people miss: the law gives you a fixed number of days, it starts counting immediately, and it counts weekends and public holidays too.

General information about South African labour law, in plain language. Not legal advice about your matter.

The part that expires

Miss the date and the merits stop mattering.

A referral that arrives late is not heard on whether you were treated fairly. It is heard on why it was late. These are the periods the Labour Relations Act sets, as the CCMA itself states them.

30days

Unfair dismissal

From the date of dismissal. If you ran an internal appeal, from the date of that outcome.

90days

Unfair labour practice

Suspension, demotion, promotion, training, benefits. From the act, or from when you became aware of it.

6months

Discrimination

Under the Employment Equity Act, from the act or omission you say was discriminatory.

90days

On to arbitration

After the certificate of outcome is issued, or after the thirty-day conciliation period ends.

!

How the days are counted. Every day counts, weekends and public holidays included. You exclude the first day and include the last. Dismissed on 6 August, counting starts on 7 August, and the last day to refer is 5 September. Most people lose time assuming it is working days.

Late already? There is a way back, called condonation, but you have to ask for it and give reasons: how late you are, why, what steps you took, why your case has prospects, and what it costs the other side. It is decided on good cause shown, not on sympathy.

A person at a kitchen table at night putting papers and a payslip into order under one lamp.

Before the room

A hearing is not a conversation. It is a record.

Whatever is said, shown and written down becomes the thing a commissioner reads months later. Walking in prepared is not about being clever. It is about arriving with your dates, your documents and your version already in order.

What to have ready

Three things, before anything else.

01 · Paper

Everything in writing

Collect it before you need it. Memory is not evidence, and employers keep files.

  • The notice of the hearing and the charges
  • Your contract, and the disciplinary code
  • Payslips, warnings, appraisals, messages
  • Names of anyone who saw what happened

02 · The charge

Read what you are accused of

Answer the charge in front of you, not the rumour. If it is vague, ask for it in writing.

  • What rule is said to be broken
  • When, where, and on what evidence
  • Whether others did the same and were treated differently
  • Whether the rule was ever made known to you

03 · The room

Know what you may ask for

A fair process has requirements. Asking for them is not being difficult.

  • Enough time to prepare
  • A representative, usually a fellow employee or a shop steward
  • To see the evidence, and to question it
  • To state your side before a decision is taken
  • An interpreter if you would rather not use English

After the outcome

The CCMA is free, and you do not need permission.

You do not need the employer to agree, and you do not need a lawyer to start. What you need is the form, proof that the other side received it, and to be inside the date.

The referral form

Form 7.11. Complete it, deliver a copy to the employer, and send the CCMA the form together with proof that you served it. Email is acceptable.

What it costs

Nothing to refer. The CCMA does not charge the parties to conciliate or arbitrate a dispute.

Conciliation first

A commissioner tries to settle it with both sides. If it does not settle, a certificate is issued and the matter can go on to arbitration.

Legal representation

Allowed in conciliation and arbitration, with exceptions under CCMA Rule 25. Dismissals for misconduct or incapacity, and claims for money under the National Minimum Wage Act, are among the matters where it is limited.

Where it does not go

Matters inside a bargaining council's jurisdiction go there instead, and some disputes sit with the Labour Court. Independent contractors fall outside this system.

The CCMA itself

0861 161616, or ccma.org.za. They are the ones who decide, and their own information sheets are free to read.

Built on the Tinman corpus

Ask it about your dates.

Tinman holds South African labour law as a curated, audited corpus, and computes the dates rather than guessing at them. Put your situation in and it will tell you which period applies and what it counts from, with the section it came from.