The CCMA’s rules set the timetables and procedures for every dispute at the Commission for Conciliation, Mediation and Arbitration: referrals within 30 days of dismissal, conciliation within 30 days of referral, arbitration requests within 90 days of a certificate of non-settlement, awards within 14 days of the arbitration, and reviews in the Labour Court within six weeks. The current rules, most recently amended for 2025, keep this framework while adjusting fees, case management, and online processes.
This guide summarises the rules that parties actually encounter, stage by stage, with the deadlines that decide most disputes. The CCMA operates under the Labour Relations Act 66 of 1995 and its published rules.
The Rules That Matter Most
| Rule | Deadline | Effect of missing it |
|---|---|---|
| Referral of unfair dismissal | 30 days from dismissal | Condonation application needed, often refused |
| Referral of unfair labour practice | 90 days from the act or omission | Condonation |
| Conciliation set-down | Within 30 days of referral | CCMA scheduling obligation |
| Arbitration request | 90 days from certificate of non-settlement | Certificate lapses for most disputes |
| Award | 14 days after arbitration | Commissioner misconduct ground on review |
| Review in the Labour Court | 6 weeks from award | Condonation, difficult after long delay |
What the 2025 Changes Address
Recent amendments refine rather than rewrite. Parties should check the current published rules for: updated processes for online hearings and electronic filing; case management meetings to narrow issues before arbitration; clearer procedures for condonation applications, which must now include detailed explanations for delay and prospects of success; and refined fee provisions for high-income earners in arbitration. None of this displaces the core timetables above.
Condonation: The Rule That Saves or Sinks Late Cases
A late referral survives only through condonation. The applicant must explain the delay’s degree, the reasons for it, the prospects of success in the main dispute, and the prejudice to the other side. Commissioners weigh these together, and long, unexplained delays with weak prospects are refused outright. The lesson the rules teach hardest: the deadline is the case.
Common Mistakes to Avoid
- Counting the 30 days wrong. It runs from the dismissal date, not the last day worked or the appeal outcome.
- Serving the referral on the employer late. Both the CCMA and the employer must receive the referral inside the window.
- Letting the certificate lapse. Request arbitration inside 90 days or start again.
- Ignoring pre-arbitration preparation. Statements and bundles exchanged early shorten hearings and improve outcomes.
- Missing the 6-week review window. Reviews launched late face near-insurmountable condonation hurdles.
Get help with a CCMA matter. Otrebski Attorneys’ labour team in Sandton manages referrals, condonation, and arbitration under the current rules. Call 060 500 3098 or book an appointment.
Frequently Asked Questions
What are the key deadlines in the current CCMA rules?
Referral of an unfair dismissal within 30 days of dismissal, conciliation within 30 days of referral, arbitration request within 90 days of the certificate of non-settlement, the award within 14 days of the arbitration, and a Labour Court review within six weeks of the award.
What changed in the CCMA rules for 2025?
The 2025 refinements address online hearings and electronic filing, case management before arbitration, stricter condonation requirements, and fee provisions for high earners. The core timetables for referral, conciliation and arbitration are unchanged.
How do I apply for condonation at the CCMA?
File a condonation application explaining the length of the delay, the reasons for it, your prospects of success, and the prejudice to the other party. Commissioners weigh all factors together, and unexplained delay with weak prospects is usually refused.
Does the 30-day referral deadline include weekends?
Yes, it is calendar days from the date of dismissal. If the last day falls on a weekend or public holiday, service on the next business day is treated as timely, but waiting for that day is a risk not worth taking.
Disclaimer. This article is general information, not legal advice for a specific dispute. Rules are amended from time to time; confirm the current text on the CCMA’s official website and consult an admitted attorney about your matter.