Services · CCMA & Disputes

I've received a CCMA referral, what now?

If a matter is genuinely headed to the CCMA or Labour Court, you are not on your own: escalation to a legal advisor, then to our attorney panel, without starting the story over.

No setup fee. One month's notice to cancel. See membership pricing.

The legal position

What a CCMA referral actually sets in motion

A referral is not just a form to file. It starts a process with fixed dates, in which what you prepared before the dismissal matters far more than what you say on the day.

Conciliation first, then arbitration

The CCMA first tries to settle the dispute by conciliation. If that fails, the dispute can go to arbitration, where a commissioner hears evidence and makes a binding award. In many dismissal disputes the two are run back to back on the same day as a con/arb.

LRA s135, s136 and s191(5A)

Who may represent you

At conciliation a party may appear in person or be represented only by a director or employee, or by an office-bearer or official of a registered employers' organisation or trade union it belongs to. Legal representation at arbitration in a dismissal for conduct or capacity depends on the commissioner's permission.

CCMA Rules, rule 25

Not attending is not a strategy

If the employer does not attend arbitration, the commissioner may proceed and make an award in its absence. Rescinding a default award afterwards means bringing a separate application and showing good cause.

LRA s138(5) and s144

Possible outcomes

If a dismissal is found to be unfair, the remedies include reinstatement, re-employment, or compensation of up to 12 months' remuneration, and up to 24 months where the dismissal was automatically unfair.

LRA s193 and s194

Common mistakes

Where employers lose at the CCMA

Almost all of these come down to a decision made without checking first. That is the part we fix.

What you get with ClearLine

The tools and the people behind them

Everything below sits in your member portal, against your own company and employee records, so the history is there when you need it.

A CCMA Matters file for every case

Open a file for each referral, paste in the CCMA SMS and have the case details picked out for you, link it to the employee's existing file, and upload every notice and document. Every action on a CCMA file is emailed to you and to ClearLine, so nothing is missed.

1 file included on Professional, 2 on Business, 5 on Executive and unlimited on Premier; further files available per matter at your member discount

CCMA Handbook for Employers

What to do when an employee refers a dispute to the CCMA: every step, every deadline, what to prepare and when an attorney can be involved.

Included on Business, Executive and Premier; a once-off purchase on other packages, at your member discount

Attorney escalation in one step

When a matter needs an attorney, request it from the portal. The matter gets its own reference, and with your authorisation the employee's file and case history go to the panel firm, which acts under its own mandate with you.

Discounted on Business; preferred attorney rates on Executive and Premier

A legal advisor when it matters

When a question is outside Naledi's scope, or you want a person to look at your specific facts, escalate it to a labour consultant through the portal and get a considered answer, not a guess.

From Professional, with more escalations per month on each higher package

How it works

Three layers of support, in order

1

Naledi answers first

Routine, settled questions get an immediate answer from Naledi, our online legal advisor.

2

A legal advisor steps in

Anything outside Naledi's scope goes to a senior legal advisor, who responds personally.

3

The attorney panel, if needed

Matters that need an attorney go to our panel, under a separate mandate you enter directly with that firm.

FAQ

Questions employers ask us

Can ClearLine appear for me at the CCMA?

Who may represent an employer at the CCMA is regulated by the CCMA Rules. We will tell you who may appear for you at each stage, help you prepare, and refer the matter to the attorney panel where an attorney is needed and permitted.

The referral was made long after the dismissal. Do I still need to respond?

Yes. A late referral needs condonation, and the employee may apply for it. Attend to every notice you receive and raise the lateness properly; do not assume the matter will go away on its own.

What happens if the matter goes to the Labour Court?

It is referred to our attorney panel under a separate mandate you enter into directly with that firm. Your file in the portal means the attorney starts with the full history instead of rebuilding it.

Ask about your specific situation

Get a straight answer from Naledi, free, or join and have a legal advisor and the attorney panel behind every decision.

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