Free, no lawyer needed, and thirty days to act

By Equipo Saplic Published on 12/08/2026 Updated on 12/08/2026

One of the most accessible labour dispute systems anywhere.

In this guide
  1. It is free
  2. The 30-day deadline
  3. The severance exception
  4. What the CCMA can do
  5. Large-scale retrenchments
  6. Where the Labour Court determines severance
  7. What to gather
  8. Why payslips matter most
  9. Sectoral determinations
  10. The separate UIF route

The Commission for Conciliation, Mediation and Arbitration is where most South African employment disputes are resolved.

It is free

The CCMA process costs nothing and you do not need legal representation. That accessibility is deliberate.

The 30-day deadline

You have 30 days from the date of dismissal to refer an unfair dismissal dispute.

That is short. If you are considering a challenge, start immediately rather than after you have found another job.

The severance exception

A dispute specifically about the amount of severance you are owed follows a different route under Section 41(6) and is not bound by the same 30-day limit.

So missing the fairness window does not automatically close off a severance shortfall claim.

What the CCMA can do

Conciliation first, then arbitration if the matter remains unresolved. A commissioner can order a higher severance amount where the retrenchment process was procedurally unfair.

Large-scale retrenchments

Under Section 189A, disputes can go to the Labour Court instead.

Where the Labour Court determines severance

Section 41(10) allows the Court, where it is already adjudicating a dismissal based on operational requirements, to determine the amount of severance owed and order the employer to pay it.

What to gather

  • Your employment contract
  • Payslips — you need these to prove your full remuneration, not just basic salary
  • The retrenchment or dismissal letter
  • Records of the Section 189 consultation
  • Your certificate of service and IRP5
  • The severance calculation provided

Why payslips matter most

Because severance is calculated on remuneration — including allowances and employer contributions to medical aid and retirement. Your payslips are the evidence of what those were.

Sectoral determinations

Some sectors have their own determinations setting minimum conditions above the BCEA. Hospitality is one. Check whether one covers your work.

The separate UIF route

Complaints about a non-submitted UI-19 go to the Department of Employment and Labour, independently of the CCMA.

Frequently asked questions

Does the CCMA cost anything?
No. The process is free and you do not need legal representation.
How long do I have to refer a dispute?
Thirty days from the date of dismissal for an unfair dismissal dispute.
What if I miss the 30 days?
A dispute specifically about the amount of severance owed follows a different route under Section 41(6) and is not bound by the same limit.
Can the CCMA order more severance?
Yes. A commissioner can order a higher amount where the retrenchment process was procedurally unfair.
Why are payslips the most important evidence?
Because severance is calculated on remuneration including allowances and employer contributions to medical aid and retirement. Payslips prove what those were.

Sources

Put this into practice

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