3 March 2026
·
6 min read
Received a CCMA referral form from a former employee? Here is exactly what to do, what not to do, and how to protect your business at conciliation and arbitration.
Raymond Hauptfleisch
Admitted Attorney · Qualified HR Practitioner
Receiving a CCMA referral form is one of the most stressful moments for any employer. Whether it is an unfair dismissal claim, an unfair labour practice dispute, or a wages claim, the immediate reaction is often panic — followed by the question: what do I do now? This guide walks you through the process clearly and practically.
The CCMA referral (Form 7.11 for unfair dismissal, or Form 7.13 for other disputes) will tell you the nature of the dispute, the date of the alleged dismissal or incident, and the relief the applicant is seeking.
Check the date carefully. If more than 30 days have passed since the dismissal and the employee has only now referred, there may be a condonation application to oppose. Late referrals are not automatically accepted — this is your first line of defence.
Failing to attend a CCMA conciliation results in a certificate being issued against you, which allows the employee to proceed directly to arbitration — or in some cases, to approach the Labour Court. Non-attendance at arbitration can result in a default award being made against your business.
Even if you believe the claim has no merit, you must respond and attend.
Start pulling together the complete employment file: the employment contract, disciplinary records, warning letters, hearing notices, the hearing outcome, and any correspondence relating to the dismissal or dispute.
Your documentation is your evidence. If the disciplinary process was procedurally sound and the reason for dismissal was substantively fair, your documents will prove it. If documentation is missing, this is a serious vulnerability.
Conciliation is a confidential, without-prejudice process where a CCMA commissioner attempts to help both parties reach a settlement. Anything said at conciliation cannot be used at arbitration.
You are not required to settle at conciliation. However, it is often an opportunity to resolve a dispute at a fraction of the cost of arbitration. An experienced adviser can help you assess whether settlement makes commercial sense.
If conciliation fails, the matter proceeds to arbitration — a formal hearing where a CCMA commissioner hears evidence and makes a binding award. This is where procedural compliance, witness preparation, and a clear legal strategy become critical.
The maximum compensation for an unfair dismissal at the CCMA is 12 months' remuneration. For an automatically unfair dismissal (such as dismissal for union membership or pregnancy), it rises to 24 months. The financial stakes are real.
If the dismissal involved a complex disciplinary process, there are witnesses required, the applicant is legally represented, the claim involves discrimination or automatically unfair dismissal, or the potential award is significant — you should not attend unrepresented.
OptiHR offers CCMA representation as both an ad hoc service and as part of retainer packages. With a 95%+ success rate at the CCMA, we know what it takes to prepare and present a winning case.
Contact OptiHR immediately for a free consultation. Time is limited — act before the conciliation date is set.
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