How long does an employee have to refer an unfair dismissal dispute to the CCMA?
Thirty days from the date of dismissal, or from the date the employer made a final decision to dismiss. Unfair labour practice disputes have 90 days, and unfair discrimination disputes under the Employment Equity Act have six months.
- Legal basis
- Labour Relations Act 66 of 1995, s191(1) IN FORCE
- Employment Equity Act 55 of 1998, s10(2) IN FORCE
- What to do
- A late referral may be allowed only if the employee shows good cause, through a condonation application. If you receive a referral, check the dates against your own records first.
- When to escalate
- If an award goes against you, the time to challenge it is short. See the question on challenging awards below.
- Sources
