LRA 7.11 CCMA Dispute Referral — Frequently Asked Questions
Everything you need to know about referring a workplace dispute to the CCMA in South Africa using the LRA Form 7.11. Find answers about the CCMA process, unfair dismissal, deadlines, evidence, conciliation, and con-arb.
What is the CCMA and what does it do?
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent dispute resolution body established by the Labour Relations Act (Act 66 of 1995). It provides free services to resolve workplace disputes between employers and employees in South Africa. The CCMA handles disputes about unfair dismissal, unfair labour practices, severance pay, unfair discrimination, and other employment-related matters. It aims to resolve disputes through conciliation (negotiation with a commissioner) and, if that fails, through arbitration (a binding decision by a commissioner).
What is the LRA 7.11 form and when do I need it?
The LRA Form 7.11, officially titled "Referring a Dispute to the CCMA for Conciliation (including Con-Arb)", is the prescribed form used to formally refer a workplace dispute to the CCMA. You need it when you want the CCMA to intervene in a dispute with your employer — for example, if you were unfairly dismissed, retrenched without proper process, subjected to an unfair labour practice, or not paid the national minimum wage. The form can be submitted by employees, trade unions, employers, or employers’ organisations.
What is the deadline for referring a dispute to the CCMA?
The deadline depends on the type of dispute. For unfair dismissal disputes, the form must be received by the CCMA within 30 days of the date of dismissal. For unfair labour practice disputes, the deadline is 90 days from the date of the act or omission. For disputes about compliance orders under the BCEA, the deadline is the date specified in the order. If you miss the deadline, you can apply for condonation (late referral), but you must provide a good reason for the delay and condonation is not guaranteed. It is critical to act quickly — count the days from the date of dismissal and submit well before the deadline.
What is the difference between conciliation and con-arb?
Conciliation is a process where an independent CCMA commissioner facilitates negotiations between the parties to try to reach a settlement. It is an informal process and no formal evidence is led. If conciliation fails, the dispute can proceed to arbitration — a more formal hearing where the commissioner listens to evidence and makes a binding decision (award). Con-arb is a streamlined process where conciliation and arbitration happen on the same day: if the commissioner cannot resolve the dispute through conciliation, they proceed directly to arbitration without the employee needing to file a separate referral. Con-arb is the default for most dismissal disputes.
What happens after I submit the LRA 7.11 form to the CCMA?
After receiving your referral, the CCMA will assign a case number and schedule a conciliation hearing within 30 days. Both parties will be notified of the date, time, and venue. A CCMA commissioner will facilitate the conciliation process. If the dispute is resolved, the parties sign a settlement agreement which is binding. If conciliation fails, the commissioner issues a certificate of non-resolution and the dispute can proceed to arbitration (or to the Labour Court for certain matters). For con-arb cases, arbitration follows immediately on the same day.
Do I need a lawyer to refer a dispute to the CCMA?
No, you do not need a lawyer. The CCMA process is designed to be accessible to all workers, including those who cannot afford legal representation. At conciliation, legal representatives are not permitted unless both parties agree. At arbitration, legal representatives are only allowed in specific circumstances — for example, if a party is a juristic entity (company) and agrees, or if the commissioner grants permission because of the complexity of the case. Many workers successfully refer disputes and attend CCMA hearings on their own or with the help of a trade union representative or a friend.
What evidence should I bring to the CCMA hearing?
Bring all documents relevant to your dispute: your employment contract or letter of appointment, payslips (at least the last 3 months), the dismissal letter or notice, any written warnings you received, correspondence with your employer about the dispute (emails, letters, WhatsApp messages), witness statements, your work schedule or roster, and any recordings or photographs that support your case. Organise your documents chronologically and make at least two copies — one for the commissioner and one for the other party. The better prepared you are with documentary evidence, the stronger your case.
Can I refer a dispute if I was retrenched?
Yes. If you were retrenched (dismissed for operational requirements), you can refer a dispute to the CCMA if you believe the retrenchment was procedurally unfair (the employer did not follow the proper consultation process under Section 189 of the LRA) or substantively unfair (there was no genuine operational requirement). However, if your employer employs more than 10 workers and is retrenching more than a certain number, the dispute may need to go to the Labour Court rather than the CCMA. You must still refer within 30 days of the retrenchment date.
What remedies can the CCMA award?
For unfair dismissal, the CCMA can order reinstatement (getting your job back with back pay), re-employment (being employed in a different position), or compensation of up to 12 months’ salary (or 24 months for automatically unfair dismissals such as dismissal for union activity, pregnancy, or discrimination). For unfair labour practices, the CCMA can order the employer to pay compensation of up to 12 months’ remuneration. For severance pay disputes, the CCMA can order the employer to pay the statutory minimum of one week’s remuneration per completed year of service.
What if I missed the 30-day deadline to refer my dispute?
If you missed the 30-day deadline (or 90 days for unfair labour practice), you can apply for condonation — a request for the CCMA to accept your late referral. You must complete the referral form and include a written explanation of why you missed the deadline, how long the delay was, and what steps you took to refer the dispute as soon as possible. The CCMA commissioner will consider factors such as the length of the delay, the reason for the delay, whether you have a good case on the merits, and whether the other party will be prejudiced by the late referral. Condonation is not automatic — you must provide a compelling reason.
Is the CCMA service free?
Yes, the CCMA’s dispute resolution services are completely free of charge. There are no filing fees, hearing fees, or costs for using the CCMA. This makes the CCMA accessible to all workers, regardless of their financial situation. The CCMA also provides free advisory services — you can contact the CCMA on 0861 16 16 16 or visit a walk-in centre to get information about your rights and the dispute referral process before filing the form.
Is my personal information safe when using FillMeIn to fill the LRA 7.11?
Yes. FillMeIn processes all your data entirely on your device. Your personal details, ID number, employment information, and all form data never leave your phone or computer — nothing is sent to our servers or stored in the cloud. This privacy-first approach means your sensitive employment dispute information stays under your control at all times. You can fill the form offline during load shedding and print it when you are ready to submit to the CCMA.
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