The 30-day rule
Unfair dismissal disputes must generally be referred to the CCMA within 30 days of the date of dismissal. A late referral requires a condonation application. Confirm the current rule immediately.
Why the deadline matters
The CCMA will not accept a referral that is filed outside the correct period unless you apply for condonation. Condonation adds time, complexity and uncertainty to an already stressful situation. Filing on time is the simplest way to protect your right to be heard.
When does the 30 days start?
The starting point depends on your specific situation:
Direct dismissal (no appeal): The 30 days run from the date of dismissal. This is the date your employment ended or the date the dismissal letter was communicated to you.
Dismissal followed by internal appeal: If you lodge an internal appeal and the appeal decision upholds the dismissal, the 30-day period generally runs from the date the appeal decision is communicated. This means the internal appeal process does not necessarily delay your referral deadline.
Constructive dismissal: If you resigned because the employer made your position intolerable, the 30 days run from the date of resignation, not from when the intolerable conditions began.
The 30-day referral period may run from the date of dismissal even if you are still going through an internal appeal. Check the current CCMA guidance and protect your deadline by filing on time or applying for condonation if you are running out of time.
What happens if you miss the deadline?
If you file after 30 days, the employer may raise a jurisdictional objection. The CCMA will then require you to apply for condonation. Condonation is a separate application where you explain why the referral is late.
The CCMA considers several factors when deciding whether to grant condonation:
The reason for the delay — illness, lack of information, incorrect advice, or other circumstances beyond your control.
The length of the delay — a few days is treated differently from several months.
Whether you have a reasonable explanation — vague or unsupported reasons are unlikely to succeed.
Whether the employer will be prejudiced — if granting condonation would unfairly disadvantage the employer.
Condonation is not guaranteed. Some late referrals are accepted, others are not.
How to protect your deadline
Record the dismissal date immediately. The moment you receive the dismissal letter or are told your employment has ended, write down the date.
Check the appeal deadline. If your workplace policy allows an appeal, note the deadline. Decide quickly whether you will appeal. If you do not intend to appeal, start the CCMA referral process immediately.
File early. Do not wait until day 29. Gathering documents, completing Form 7.11 and submitting it takes time. Aim to file within the first two weeks.
If you are running out of time, file anyway. A referral filed on day 30 with a condonation application is better than no referral at all.
What you need to file
To refer an unfair dismissal to the CCMA, you need:
Completed LRA Form 7.11. Your dismissal letter or written outcome. Your employment contract. Relevant correspondence (warnings, emails, messages). Details of the employer (full legal name and address).
You can file through CCMA Online, by fax or email, or in person at a CCMA regional office.
Employee-side preparation support helps you organise your dismissal facts, documents and response before filing. This makes the referral stronger and reduces the risk of errors that could delay your case.
After you file
The CCMA will acknowledge your referral and schedule a conciliation date. Keep your proof of submission. If the employer challenges the referral, you will need to show it was filed on time.
At conciliation, a commissioner attempts to resolve the dispute. If conciliation fails, the matter may proceed to arbitration. Each stage has its own deadlines and requirements.