CCMA Labour Lawyers In Sandton
Referrals, Conciliation, Con-Arb and Arbitration
Dismissed on Friday, and the clock is already running: the Labour Relations Act 66 of 1995 gives you 30 days from the date of dismissal to refer a dispute to the CCMA. Miss the window and the strongest case on the merits is shut out at the door. Employers face the same machinery from the other side, with an unwinnable process hearing dates they cannot attend.
We draft and defend CCMA referrals for Sandton employers and employees, from the 7.11 referral form through conciliation, con-arb and arbitration, from our Sandhurst office minutes from the CCMA Johannesburg provincial office.
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How the CCMA Process Actually Works
The CCMA is not a court. It is a statutory dispute-resolution body created by the Labour Relations Act 66 of 1995, built to be fast, informal in conciliation and strict in arbitration. The strictness falls on timelines: the process rewards whoever moves first and punishes whoever waits.
A dispute moves through these stations:
- referral form 7.11 within 30 days
- conciliation before a commissioner
- certificate of unresolved outcome
- con-arb or arbitration request
- arbitration hearing on the papers and evidence
- award, review or certification
Section 191 of the LRA sets the 30-day referral deadline from dismissal or the act complained of. Conciliation is confidential and without prejudice: nothing said there may be used later. If the dispute does not settle, the commissioner issues a certificate of outcome and the matter proceeds to con-arb, where the same day doubles as conciliation and arbitration, or to a separately scheduled arbitration. In arbitration the commissioner sits as a private judge: evidence is led under oath, witnesses are cross-examined, and the award is final and binding, subject only to review in the Labour Court on limited grounds.
Two features catch unrepresented parties. First, the 30-day deadline can be condoned only on good cause shown, and delay plus weak prospects is how condonation applications fail. Second, in con-arb you may arrive expecting talks and find yourself in a full arbitration the same morning, unprepared, with the employer’s evidence ready.
What a CCMA Lawyer Does
For employees: classifying the dispute correctly, drafting the referral inside the deadline, preparing evidence and witnesses for con-arb, and arguing reinstatement or compensation at arbitration. Where the deadline has passed, preparing the condonation application with a proper explanation and prospects of success.
For employers: responding to referrals timeously, preparing the procedural and substantive fairness record, settling at conciliation where the numbers favour it, and defending the dismissal at arbitration – or applying to review an award obtained irregularly.
The CCMA decides disputes on the record the parties bring, not on what fairness should have looked like.
Conciliation vs Arbitration
Conciliation
The mandatory first stage: a commissioner attempts to settle the dispute in a confidential, without-prejudice session. No evidence is led and no award is made.
If it settles, the settlement agreement is binding and, for dismissals, capable of certification as an arbitration award. If not, the commissioner issues a certificate of outcome and the dispute escalates.
Arbitration
A full evidentiary hearing. The commissioner takes evidence under oath, hears cross-examination, and issues a final, binding award – reinstatement, re-employment, compensation, or dismissal of the dispute.
The award can be enforced as an order of the Labour Court, or challenged only by review on limited procedural and rationality grounds within six weeks.
| Feature | Conciliation | Arbitration |
|---|---|---|
| Purpose | Settlement by agreement | Final, binding decision |
| Evidence | None led; discussions confidential | Under oath, with cross-examination |
| Outcome | Settlement or certificate of outcome | Award: reinstatement or compensation |
| Legal representative | By agreement or commissioner’s direction | Legally complex disputes; otherwise leave needed |
| Challenge route | Nothing to challenge | Review in the Labour Court, six-week limit |
The CCMA Process, Step by Step
The pathway, stage by stage.
Assess and classify the dispute
Unfair dismissal, unfair labour practice or rights dispute – the classification sets the form, the deadline and the process that follows.
Refer within 30 days
The 7.11 referral form is completed, signed and served on the employer, then filed with the CCMA – 30 days from dismissal or the disputed act.
Conciliation
The CCMA sets a date, usually within 30 days of referral. A commissioner shuttles between the parties; everything said is confidential and without prejudice.
Con-arb or arbitration request
Unresolved dismissals for misconduct or incapacity proceed automatically to con-arb the same day; other disputes require a request to arbitrate within the set period.
Arbitration hearing
Evidence under oath, witnesses cross-examined, closing arguments. The commissioner applies the LRA and Schedule 8 to what actually happened.
Award and enforcement
The commissioner must issue the award within 14 days of the hearing. Compliance follows; non-compliance is certified and enforced in the Labour Court, and awards are reviewable within six weeks.
Which Forums Serve Sandton Labour Matters
Sandton workplace disputes move through the labour machinery:
- CCMA Johannesburg, Gauteng Provincial Office – conciliation and arbitration for Sandton workplaces – 30-day referral deadline.
- Labour Court, Johannesburg – reviews of CCMA awards, urgent relief and matters excluded from CCMA jurisdiction.
- High Court, Gauteng Division – matters outside the LRA’s specialist forums.
Otrebski Attorneys serves Sandton employers and employees from its 5th Street, Sandhurst office.
How to Choose a CCMA Lawyer in Sandton
The CCMA runs on timelines. Choose on process discipline.
- Moves on the 30 days, not around it.Ask when the referral will be filed. The date of dismissal starts the clock; a firm that waits for documents waits your case away.
- CCMA-specific experience.Commissioners, con-arb dynamics and Schedule 8 are a distinct craft; general litigation experience does not transfer automatically.
- Acts for both sides.A lawyer who defends referrals knows where employee cases fail, and drafts employee cases that do not.
- Honest prospects talk.No ethical lawyer guarantees an award. They can tell you whether the dismissal was fair on both tests.
- Written scope and fees.Each phase – referral, conciliation, arbitration – scoped and quoted in writing.
What CCMA Matters Cost
As a market guide, an employee’s unfair dismissal referral through conciliation commonly runs R10,000–R25,000; contested arbitration from R25,000–R60,000 depending on the number of witnesses and days, on hourly rates of R1,500–R4,400. CCMA filing itself carries no tariff; employer defences are priced on the same scale.
Otrebski Attorneys scopes each phase in writing before it begins. Ask for the quote in writing – and treat any firm that will not give one with caution. No hidden costs.
Common Mistakes to Avoid
The expensive mistakes are avoidable.
The CCMA Clock, Stage by Stage
Deadlines the Process Turns On
| Stage | Clock | What it means |
|---|---|---|
| Referral on form 7.11 | 30 days from dismissal | Serve on the employer and file with the CCMA; after that, condonation on good cause shown |
| Conciliation set-down | Usually within 30 days of referral | A confidential, without-prejudice session before a commissioner |
| Con-arb | Same day as conciliation | Standard for misconduct and incapacity dismissals; arbitration follows if talks fail |
| Award | Within 14 days of the hearing | Final and binding: reinstatement or compensation |
| Review | Six weeks from service | Labour Court review on limited grounds only |
Frequently Asked Questions
How many days do I have to refer a dismissal to the CCMA?
Thirty days from the date of dismissal, under section 191 of the Labour Relations Act 66 of 1995. The referral form must be served on the employer and filed with the CCMA within that window; after it expires you need condonation on good cause shown.
Where does a Sandton employee file a CCMA referral?
The CCMA Johannesburg Gauteng Provincial Office handles Sandton workplaces. Referrals are lodged online or at the office, with conciliation and arbitration set down there – a short trip from Sandton itself.
What is con-arb?
A combined process where conciliation and arbitration happen on the same day. If conciliation fails, the matter proceeds directly to arbitration. It is standard for misconduct and incapacity dismissals, which is why preparation for both is essential.
Can a lawyer represent me at CCMA arbitration?
Yes, where the dispute is legally complex, or by agreement of the parties or direction of the commissioner. Otherwise representation is limited to a union or employer-organisation official, or self-representation – one reason to prepare with a lawyer even where they cannot appear.
What can a CCMA commissioner order for unfair dismissal?
Reinstatement, re-employment, or compensation of up to 12 months’ remuneration for ordinary unfair dismissal, and up to 24 months for an automatically unfair dismissal. The commissioner weighs what is just and equitable, not what either party demands.
I missed the 30 days. Is my case over?
Not necessarily. You can apply for condonation, but you must give a reasonable explanation for the delay, show the delay was not excessive, and set out reasonable prospects of success. The longer the delay and weaker the merits, the grimmer the outcome.
Can the employer be forced to follow the CCMA award?
Yes. An arbitration award is binding. If the employer does not comply, the award is certified and enforced as an order of the Labour Court, including writs of execution against the employer.
Does the CCMA cost money to use?
Filing at the CCMA carries no tariff for employees, and neither party recovers legal costs as a rule. The real cost is attorney fees for preparation and representation – which is why scope and quotes in writing matter.
Thirty days is not a suggestion. Count them with a lawyer.
Otrebski Attorneys practises from Office 9th Floor, The Spaces, 5th Street, Sandhurst, Sandton – with transparent billing and no hidden costs.
Call 060 500 3098
Office hours: Monday to Friday, 08h00 – 17h00 · send a message
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