Services · CCMA & Disputes
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
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.
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)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 25If 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 s144If 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 s194Common mistakes
Almost all of these come down to a decision made without checking first. That is the part we fix.
What you get with ClearLine
Everything below sits in your member portal, against your own company and employee records, so the history is there when you need it.
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
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
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
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
Routine, settled questions get an immediate answer from Naledi, our online legal advisor.
Anything outside Naledi's scope goes to a senior legal advisor, who responds personally.
Matters that need an attorney go to our panel, under a separate mandate you enter directly with that firm.
FAQ
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.
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.
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.
Get a straight answer from Naledi, free, or join and have a legal advisor and the attorney panel behind every decision.