Dismissed at work? Why the 30-day CCMA deadline matters more than anything else

For a worker in South Africa who has just lost their job, the most important date is not the hearing date or the payout date. It is day 30. Under the Labour Relations Act 66 of 1995, an unfair dismissal dispute must generally be referred to the CCMA, or to the relevant bargaining council, within 30 days of the dismissal.

CallMyLawyer, a free South African lawyer directory, lists 683 firms that handle labour law. It has published a plain-language guide for workers and employers on how the process works.

The main time limits

• Unfair dismissal: refer to the CCMA or bargaining council within 30 days of the dismissal.
• Unfair labour practice, for example about promotion, training or benefits: within 90 days.
• Unfair discrimination: within six months.

Late referrals are possible only if the commissioner grants condonation, which is never guaranteed.

Conciliation first, then arbitration

Most disputes start with conciliation, where a commissioner tries to help the parties settle. If that fails, the matter can go to arbitration or, for some types of dispute, to the Labour Court, which sits in Johannesburg, Cape Town, Durban and Gqeberha. The CCMA does not charge workers for its services.

When a labour lawyer makes a difference

Many workers handle conciliation themselves. A labour attorney becomes more valuable in several situations: when the employer is represented, when large sums are involved, when the matter is going to the Labour Court, or when the dismissal is linked to discrimination or retrenchment. Employers also use labour lawyers to run fair disciplinary processes and to draft contracts and policies that hold up under scrutiny.

Find the nearest CCMA office and local labour lawyers

CallMyLawyer's town pages show the CCMA office closest to each town, with its address and approximate distance. The pages for labour lawyers in Sandton and labour lawyers in Cape Town list local firms with researched profiles. The site's labour law guide covers dismissals, retrenchments, notice periods and severance pay in more detail.

This article is general information and not legal advice.

About CallMyLawyer

CallMyLawyer (callmylawyer.co.za) is a free South African lawyer directory. It lists 1,073 law firms in 171 towns across all nine provinces, grouped into 20 practice areas, and 840 of those firms have a researched profile written from their own websites and official sources. The directory does not give legal advice and does not take a share of legal fees. CallMyLawyer is built and run by Mansa Digital (Pty) Ltd, a digital agency based in Roodepoort, Gauteng.