Understanding CCMA processes (Conciliation, Arbitration, and Con/Arb)
- Pangea Labour Consultant
- Jul 28
- 4 min read
The Commission for Conciliation, Mediation, and Arbitration (CCMA) is a vital part of South Africa’s labour law system, resolving disputes between employers and employees in a manner that is quick, fair, and cost-effective. The CCMA uses three main processes to manage workplace disputes: conciliation, arbitration, and the combined con/arb process. Below is an updated breakdown of each process, including the crucial referral time frames and what participants can expect.
1. Conciliation
What is Conciliation?
Conciliation is usually the first step in resolving most workplace disputes and is a legal requirement in most cases before proceeding further.
A CCMA commissioner meets with both parties in an informal, confidential setting.
The commissioner assists the parties to negotiate and find a mutually agreeable solution but does not impose a binding decision.
If an agreement is reached, it is written down and made legally binding.
If an agreement is not reached, the commissioner issues a certificate of outcome noting the dispute remains unresolved.
Referral Time Frame:
If the dispute is about a dismissal:
The dismissed employee must refer the dispute to the CCMA (or bargaining council if applicable) within 30 days of the date of dismissal (section 191(1)-(2) LRA)[1].
For unfair labour practice disputes:
Referral must be made within 90 days of the act or omission, or from when the employee became aware of it.
Process Timeline:
The CCMA should attempt conciliation within 30 days of receiving the referral (section 135(2) LRA)[1].
Parties may agree to extend this period.
2. Arbitration
What is Arbitration?
If conciliation fails, the dispute can proceed to arbitration.
Arbitration is more formal; the CCMA commissioner acts as an impartial arbitrator.
Both parties present evidence and call witnesses.
The arbitrator makes a binding and enforceable award (decision).
Referral Time Frame:
The unresolved dispute must be referred to arbitration within 90 days of receiving the certificate of outcome from conciliation (section 136(1)(b) LRA)[1].
Late referrals require an application for condonation (special permission), which is not automatically granted and depends on good cause[3].
Process Timeline:
Arbitration hearings are typically set within 30–60 days of referral, depending on case specifics and the CCMA’s schedule.
Enforcement & Review:
If a party fails to comply with the arbitration award, it may be made an order of the Labour Court (section 143 LRA)[1].
Awards can only be reviewed by the Labour Court for limited reasons, such as clear misconduct or gross irregularity by the commissioner (section 145 LRA).
3. Con/Arb (Conciliation/Arbitration)
What is Con/Arb?
The con/arb process combines conciliation and arbitration, often scheduled so both can occur on the same day.
The session begins with conciliation. If unresolved, it immediately shifts to arbitration without delay.
This process streamlines dispute resolution and is mandatory in many cases (such as unfair dismissal or unfair labour practice disputes).
Objection to Con/Arb:
Parties may object (in writing) to the immediate transition to arbitration in some types of disputes. This objection must be lodged at least 7 days before the scheduled con/arb date (section 191(5A), CCMA Rules)[1].
Referral Time Frames:
The standard referral time frames for conciliation (30 or 90 days, as above) apply.
If conciliation is unsuccessful during con/arb, arbitration happens immediately if no valid objection was lodged.
4. Example: How the CCMA Process Works
Scenario:
An employee is dismissed and alleges unfairness.
The employee refers the case to the CCMA within 30 days of the date of dismissal.
The CCMA arranges a conciliation meeting to try to resolve the matter (within 30 days of referral).
If an agreement is reached, the matter ends with a binding settlement.
If not, the commissioner issues a certificate of outcome.
The employee may then refer the dispute to arbitration within 90 days of receiving the certificate of outcome.
The arbitration hearing is set (usually within 30–60 days), where the arbitrator considers all evidence and issues a legally binding award.
If a con/arb was scheduled and not objected to, both stages may take place on the same day.
5. Key Points to Remember
Conciliation:
Informal, voluntary settlement. Referral must be made within 30 days of dismissal (or 90 days for other unfair practices); process should take place within 30 days of referral[1].
Arbitration:
Formal, evidence-based hearing. Referral must be made within 90 days of failed conciliation[1].
Con/arb:
Combined process for speed. Same referral time frames apply; written objection required to separate the stages[1].
Important:
Strict adherence to these time frames is critical. Late referrals require condonation, which is at the CCMA’s discretion and not automatically given.
CCMA awards are enforceable decisions; review by the Labour Court is limited to certain procedural grounds.
Following the correct steps and deadlines is essential to ensure your dispute is heard without any delays or complications.
This article is provided for informational purposes only and not for the purpose of providing legal advice. For further information or representation at the CCMA or any bargaining council, please contact Pangea Labour Solutions:
Email: helpdesk@pangealabour.co.za
WhatsApp: 076 723 7983
Written by: Johann Viljoen, Managing Director, Pangea Labour Solutions.
References:
[1] Labour Relations Act, 66 of 1995. (See sections 135, 136, 191)
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