A CCMA referral has arrived. What to do in the first 48 hours

The short answer

Check the dates first. An unfair dismissal dispute must be referred within 30 days of the dismissal or the final decision to dismiss, and a late referral needs condonation on good cause. Then build the file, check who may attend under the CCMA Rules and set a settlement mandate.

Why the first two days matter

A referral form from the CCMA tends to arrive at the worst possible moment: in the middle of month-end, with the manager who handled the dismissal on leave and the personnel file split between a filing cabinet and somebody's inbox. The temptation is to put it aside until the notice of set-down arrives. That is a mistake. The first 48 hours are when an employer can still shape the case calmly, before dates are fixed and before positions harden.

Nothing in the Labour Relations Act requires an employer to act within 48 hours. The point is practical. Conciliation is meant to happen quickly: the commissioner must attempt to resolve the dispute within 30 days of the date the CCMA received the referral, unless the parties agree to extend that period^[1]. Thirty days is not long to find documents, interview witnesses and decide on a settlement mandate. The employer who starts on day one arrives prepared. The employer who starts on day 25 arrives with apologies.

Step one: check the dates

Before reading the employee's version of events, check whether the referral is in time. The Labour Relations Act sets the limits in section 191^[1]:

• A dispute about the fairness of a dismissal must be referred within 30 days of the date of dismissal or, if later, within 30 days of the employer making a final decision to dismiss or to uphold the dismissal^[1].
• A dispute about an unfair labour practice must be referred within 90 days of the act or omission, or of the date on which the employee became aware of it^[1].
• A dispute about unfair discrimination under the Employment Equity Act has its own period: the referral must be made within six months of the act or omission^[4].

Work out the dates from your own records, not from the referral form. Note the date the dismissal took effect, the date of any internal appeal outcome and the date the referral was served on you. If the referral is late, the employee needs condonation. The Act allows the CCMA to permit a late referral if the employee shows good cause^[1]. A late referral is not automatically dismissed, but it is a point you are entitled to raise, and the condonation application is the first place to raise it.

What a late referral means for you

If the referral is late and there is no condonation application, say so in writing to the CCMA and to the employee before the conciliation date. If there is an application, you may oppose it. Commissioners usually consider the degree of lateness, the explanation and the prospects of success. Do not assume a late referral ends the matter. Prepare the merits anyway.

Step two: identify the type of dispute

The referral form will say what the employee thinks the dispute is about. Read it closely, because the category decides the process.

• Dismissal for misconduct or incapacity. These go to conciliation and then, if unresolved, to arbitration at the CCMA or a bargaining council.
• Dismissal relating to probation, or an unfair labour practice relating to probation. These go to compulsory con-arb: if conciliation fails, arbitration must begin immediately^[1].
• Other disputes that may be dealt with by con-arb. Arbitration can follow immediately after conciliation unless a party objects. Under the CCMA Rules, an objection must be delivered in writing to the Commission and the other party at least seven days before the scheduled date^[2]. That objection is not available in probation disputes^[2].
• Automatically unfair dismissals and some operational requirements disputes. These are generally referred to the Labour Court if conciliation fails, which changes the stakes considerably.

If the employee alleges that the dismissal was automatically unfair, read section 187 of the Act before anything else^[1]. It lists reasons such as participation in a protected strike, pregnancy, unfair discrimination and making a protected disclosure. The compensation ceiling is higher in those cases: up to 24 months' remuneration, against 12 months for an ordinary unfair dismissal^[1].

Step three: build the file

Commissioners decide cases on evidence, and evidence is mostly paper. Assemble a single bundle with a contents page and page numbers. A useful order is:

1. The employee's contract of employment and job description.
2. The relevant rule or policy, with proof that the employee knew about it: a signed acknowledgement, an induction record or a training register.
3. Any previous warnings, with dates and signatures.
4. The notice to attend the disciplinary hearing, the charge sheet and proof of delivery.
5. The minutes or recording of the hearing, the chairperson's findings and the sanction.
6. The appeal, if any, and its outcome.
7. Payslips showing the employee's remuneration at the date of dismissal.

The Code of Good Practice: Dismissal, published in September 2025, describes what a fair procedure usually involves: notifying the employee of the allegations, preferably in writing, giving a reasonable period to prepare and respond, allowing the assistance of a fellow employee or trade union representative and, where reasonably possible, allowing the employee to converse in a language they are comfortable with^[3]. Check your file against each of those points. Where something is missing, you need to know now, not when the employee's representative points it out.

Witnesses

List every person who saw what happened or took part in the decision. Speak to them while memories are fresh, and write a short note of what each one says. A witness who has left the business may still be willing to attend, but you need contact details and goodwill, and both are easier to secure early.

Step four: decide who will attend

Choose the person who will attend conciliation with care. Conciliation is a negotiation, so that person must have authority. A representative who has to phone head office for every offer signals weakness and wastes the commissioner's time. Agree a mandate in advance: the range within which a settlement may be accepted, and the terms that are not negotiable.

Brief the person thoroughly. They should know the facts, the documents in the bundle, the procedural gaps you found in step three and the settlement range. If the matter may proceed to arbitration on the same day, as happens in con-arb^[1][2], they must also be ready to present the evidence and question the employee's witnesses. Check the CCMA Rules on who may attend before the date^[2].

Step five: settle the settlement question

Most referrals end at conciliation. That is not a failure. A settlement buys certainty, avoids the cost of a full arbitration and lets managers return to their work. Before the meeting, decide what the case is worth to you. Consider the strength of the evidence, the procedural gaps you found in step three, the cost of preparing and running an arbitration, and the maximum compensation the commissioner could award.

A settlement should be recorded in writing on the day, signed by both parties, and should state clearly that it is in full and final settlement of the dispute referred. Pay what you agree to pay, on time. A settlement agreement can be made an arbitration award and enforced if it is not honoured.

A worked example

A distribution company dismisses a driver for failing a breathalyser test. Eighteen days later, a referral arrives. Within two days the HR officer confirms the referral is in time, pulls the driver's contract, the alcohol policy signed at induction, the calibration certificate for the testing device, the charge sheet, the hearing minutes and the outcome letter. She notices that the hearing notice was delivered the afternoon before the hearing, and that the driver's request for a postponement to find a shop steward was refused. The substantive case is strong. The procedural case is weaker, because the employee arguably did not have a reasonable period to prepare or the chance to be assisted^[3]. The company sets a settlement mandate that reflects that risk and authorises its operations manager to attend conciliation. The matter settles for a modest amount on the day. Had the company discovered the procedural gap at arbitration, the outcome might have been considerably more expensive.

A checklist for the first 48 hours

• Diarise the conciliation date as soon as it arrives and confirm who will attend.
• Check the referral dates against your own records^[1].
• Identify the dispute type and whether con-arb applies^[1][2].
• Decide whether to object to con-arb, and if so, deliver the objection at least seven days before the date^[2].
• Open a single, paginated bundle.
• List and contact witnesses.
• Test your procedure against the Code of Good Practice: Dismissal^[3].
• Agree a settlement mandate in writing.

Key points

• Dates come first: 30 days for dismissal disputes, 90 days for unfair labour practices and six months for unfair discrimination^[1][4].
• Probation disputes go to compulsory con-arb, so be ready to argue the merits on the first day^[1][2].
• The person who attends conciliation needs a mandate, and the CCMA Rules decide who may attend^[2].
• A complete, paginated bundle is the single most useful thing you can prepare.

When to get specialist help

Book a LabourLink consultation early if the file has gaps, if the employee is represented by a union official or an experienced representative, or if you are not sure whether the dispute is in time. A consultant can test the case, build the bundle, prepare your witnesses and the person who will attend, and help you set a realistic settlement mandate. If an arbitration award goes against you, act quickly: a review must generally be brought within six weeks of the date the award was served^[1], so ask for help as soon as the award arrives.

Sources

Official and primary sources, each checked on 17 October 2026. Last reviewed 17 October 2026.

1. Labour Relations Act 66 of 1995, consolidated text (South African Government, gov.za)
2. Rules for the Conduct of Proceedings before the CCMA, GoN R223, Government Gazette 38572, 2015 (gov.za)
3. Code of Good Practice: Dismissal, General Notice 3470 of 2025, Government Gazette 53294 (gov.za)
4. Employment Equity Act 55 of 1998 (gov.za)

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